Chapter 1 Definitions and General Code Provisions

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>>>>>>> origin/main 31-1-1. Short title.

Chapters 1 — 27 of this title may be cited as the “Motor Vehicle Code”.

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History of Section. P.L. 1950, ch. 2595, art. 39, § 1; G.L. 1956, § 31-1-1 .

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History of Section.

P.L. 1950, ch. 2595, art. 39, § 1; G.L. 1956, § 31-1-1 .

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Cross References.

Motor freight carriers, regulation, § 39-12-1 et seq.

Motor passenger carriers, regulation, § 39-13-1 et seq.

Taxicabs and limited public motor vehicles, regulation, § 39-14-1 et seq.

Collateral References.

Instruction on “unavoidable accident,” “mere accident,” or the like, in motor vehicle cases—modern cases. 21 A.L.R.5th 82.

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>>>>>>> origin/main 31-1-2. Applicability of definitions.

Except as otherwise provided, the following definitions of the words and phrases in this chapter apply throughout this title.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 1; G.L. 1956, § 31-1-2 ; P.L. 1962, ch. 204, § 3.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 1; G.L. 1956, § 31-1-2 ; P.L. 1962, ch. 204, § 3.

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Comparative Legislation.

Motor vehicles:

Conn. Gen. Stat. § 14-1 et seq.

Mass. Ann. Laws ch. 90, § 1 et seq.

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>>>>>>> origin/main 31-1-3. Types of vehicles.

    1. “Antique motor car” means any motor vehicle that is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle may be maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. The vehicle may also be used for limited enjoyment and purposes other than the previously mentioned activities, but may not be used primarily for the transportation of passengers or goods over any public highway.
    2. After the vehicle has met the requirements of state inspection, a registration plate may be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this and other states, and may, in addition to the registration plate, retain the designation “antique” and display an “antique plate.”
    3. For any vehicle that is more than twenty-five (25) years old, the division of motor vehicles may also issue or approve, subject to rules and regulations that may be promulgated by the administrator, a “year of manufacture plate” for the vehicle that is an exact replica plate designating the exact year of manufacture of the vehicle. The year of manufacture plate, as authorized by this subsection, need only be attached to the rear of the vehicle.
    1. “Antique motorcycle” means any motorcycle that is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. The vehicle may also be used for limited enjoyment and purposes other than the previously mentioned activities, but may not be used primarily for the transportation of passengers or goods over any public highway; and
    2. After the vehicle has met the requirements of state inspection, a registration plate may be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways of this and other states, and may, in addition to the registration plate, retain the designation “antique” and display an “antique plate.”
  3. “Authorized emergency vehicle” means vehicles of the fire department (fire patrol); police vehicles; vehicles of the department of corrections while in the performance of official duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of municipal departments or public service corporations designated or authorized by the administrator as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as authorized by the department chief or commander and permitted by the Rhode Island Association of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer Warning Light Permits.
  4. “Automobile” means, for registration purposes, every motor vehicle carrying passengers other than for hire.
  5. “Bicycle” means every vehicle having two (2) tandem wheels, except scooters and similar devices, propelled exclusively by human power, and upon which a person may ride.
  6. “Camping recreational vehicle” means a vehicular type camping unit, certified by the manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living quarters for recreation that has either its own motor power or is mounted on, or towed by, another vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and pick-up campers.
  7. “Electric motorized bicycle” means a motorized bicycle that may be propelled by human power or electric motor power, or by both, with an electric motor rated not more than two (2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25) miles per hour.
  8. “Electric personal assistive mobility device” (“EPAMD”) is a self-balancing, non-tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.
  9. “Fifth-wheel trailer”: A towable recreational vehicle, not exceeding four hundred (400) square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle and that is eligible to be registered for highway use.
  10. “Hearse” means every motor vehicle used for transporting human corpses. A hearse shall be considered an automobile for registration purposes.
  11. “Jitney or bus” means: (1) A “public bus” that includes every motor vehicle, trailer, semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers for hire, and operated wholly or in part upon any street or highway as a means of transportation similar to that afforded by a street railway company, by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of one, or between fixed termini; or (2) A “private bus” that includes every motor vehicle other than a public bus or passenger van designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation.
  12. “Motorcycle” means only those motor vehicles having not more than three (3) wheels in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper motors as defined in subsection (n) of this section.
  13. “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in subsection (n) of this section.
  14. “Motorized bicycles” means two-wheel (2) vehicles that may be propelled by human power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed of not more than thirty (30) miles per hour.
  15. “Motorized camper”: A camping recreational vehicle, built on, or permanently attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.
  16. “Motorized tricycles” means tricycles that may be propelled by human power or helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a maximum speed of not more than thirty (30) miles per hour.
  17. “Motorized wheelchair” means any self-propelled vehicle, designed for, and used by, a person with a disability that is incapable of speed in excess of eight (8) miles per hour.
  18. “Motor scooter” means a motor-driven cycle with a motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a maximum speed of not more than thirty (30) miles per hour.
  19. “Motor vehicle” means every vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection (g) of this section, and motorized wheelchairs.
  20. “Motor vehicle for hire” means every motor vehicle other than jitneys, public buses, hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport persons for compensation in any form, or motor vehicles rented for transporting persons either with or without furnishing an operator.
  21. “Natural gas vehicle” means a vehicle operated by an engine fueled primarily by natural gas.
  22. “Park trailer”: A camping recreational vehicle that is eligible to be registered for highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and (2) Certified by the manufacturer as complying with ANSI A119.5.
  23. “Passenger van” means every motor vehicle capable of carrying ten (10) to fourteen (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger vans may be used for vanpools, transporting passengers to and from work locations, provided that the operator receives no remuneration other than free use of the vehicle.
  24. “Pedal carriage” (also known as “quadricycles”) means a nonmotorized bicycle with four (4) or more wheels operated by one or more persons for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult with a seat for only one operator and no passenger.
  25. “Pick-up camper”: A camping recreational vehicle consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the back of a pick-up truck.
  26. “Rickshaw” (also known as “pedi cab”) means a nonmotorized bicycle with three (3) wheels operated by one person for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a person with a disability.
  27. “School bus” means every motor vehicle owned by a public or governmental agency, when operated for the transportation of children to or from school; or privately owned, when operated for compensation for the transportation of children to or from school.
  28. “Suburban vehicle” means every motor vehicle with a convertible or interchangeable body or with removable seats, usable for both passenger and delivery purposes, and including motor vehicles commonly known as station or depot wagons or any vehicle into which access can be gained through the rear by means of a hatch or trunk and where the rear seats can be folded down to permit the carrying of articles as well as passengers.
  29. “Tent trailer”: A towable recreational vehicle that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold for use and that is eligible to be registered for highway use.
  30. “Trackless trolley coach” means every motor vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated on rails.
  31. “Travel trailer”: A towable recreational vehicle, not exceeding three hundred twenty square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing mechanism that is mounted behind the tow vehicle’s bumper and that is eligible to be registered for highway use.
  32. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 2; P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1953 (1st S.S.), ch. 3236, § 1; P.L. 1954, ch. 3378, § 1; G.L. 1956, § 31-1-3 ; P.L. 1964, ch. 214, § 1; P.L. 1967, ch. 217, § 1; P.L. 1973, ch. 252, § 1; P.L. 1976, ch. 58, § 3; P.L. 1976, ch. 64, § 1; P.L. 1976, ch. 64, § 2; P.L. 1978, ch. 377, § 1; P.L. 1981, ch. 413, § 1; P.L. 1985, ch. 116, § 1; P.L. 1987, ch. 476, § 1; P.L. 1988, ch. 369, § 1; P.L. 1988, ch. 654, § 1; P.L. 1990, ch. 208, § 4; P.L. 1997, ch. 186, § 1; P.L. 1999, ch. 83, § 68; P.L. 1999, ch. 130, § 68; P.L. 1999, ch. 447, § 1; P.L. 2002, ch. 56, § 2; P.L. 2002, ch. 136, § 1; P.L. 2002, ch. 360, § 1; P.L. 2002, ch. 397, § 1; P.L. 2004, ch. 308, § 1; P.L. 2004, ch. 380, § 1; P.L. 2006, ch. 11, § 1; P.L. 2006, ch. 12, § 1; P.L. 2010, ch. 239, § 25; P.L. 2014, ch. 344, § 1; P.L. 2014, ch. 389, § 1; P.L 2014, ch. 454, § 1; P.L. 2014, ch. 547, § 1; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1; P.L. 2019, ch. 58, § 1; P.L. 2019, ch. 73, § 1; P.L. 2019, ch. 288, § 1; P.L. 2019, ch. 301, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 2; P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1953 (1st S.S.), ch. 3236, § 1; P.L. 1954, ch. 3378, § 1; G.L. 1956, § 31-1-3 ; P.L. 1964, ch. 214, § 1; P.L. 1967, ch. 217, § 1; P.L. 1973, ch. 252, § 1; P.L. 1976, ch. 58, § 3; P.L. 1976, ch. 64, § 1; P.L. 1976, ch. 64, § 2; P.L. 1978, ch. 377, § 1; P.L. 1981, ch. 413, § 1; P.L. 1985, ch. 116, § 1; P.L. 1987, ch. 476, § 1; P.L. 1988, ch. 369, § 1; P.L. 1988, ch. 654, § 1; P.L. 1990, ch. 208, § 4; P.L. 1997, ch. 186, § 1; P.L. 1999, ch. 83, § 68; P.L. 1999, ch. 130, § 68; P.L. 1999, ch. 447, § 1; P.L. 2002, ch. 56, § 2; P.L. 2002, ch. 136, § 1; P.L. 2002, ch. 360, § 1; P.L. 2002, ch. 397, § 1; P.L. 2004, ch. 308, § 1; P.L. 2004, ch. 380, § 1; P.L. 2006, ch. 11, § 1; P.L. 2006, ch. 12, § 1; P.L. 2010, ch. 239, § 25; P.L. 2014, ch. 344, § 1; P.L. 2014, ch. 389, § 1; P.L 2014, ch. 454, § 1; P.L. 2014, ch. 547, § 1; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1; P.L. 2019, ch. 58, § 1; P.L. 2019, ch. 73, § 1; P.L. 2019, ch. 288, § 1; P.L. 2019, ch. 301, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 344, § 1, and P.L. 2014, ch. 389, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 454, § 1, and P.L. 2014, ch. 547, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 39, § 1, and P.L. 2018, ch. 45, § 1 enacted identical amendments to this section.

Pursuant to § 23-28.2-1 , as amended by P.L. 2018, ch. 47, art. 3, § 4, the division of state fire marshal is now the office of the state fire marshal within the Division of Building, Design and Fire Professionals, and the reference in subsection (c) of this section has been changed accordingly.

This section was amended by four acts (P.L. 2019, ch. 58, § 1; P.L. 2019, ch. 73, § 1; P.L. 2019, ch. 288, § 1; P.L. 2019, ch. 301, § 1) as passed by the 2019 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2019, ch. 58, § 1, and P.L. 2019, ch. 73, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 288, § 1, and P.L. 2019, ch. 301, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 344, § 2 provides that the amendment to this section by that act takes effect on July 1, 2015.

P.L. 2014, ch. 389, § 2 provides that the amendment to this section by that act takes effect on July 1, 2015.

P.L. 2018, ch. 39, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 45, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main Applicability.

P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Motor Vehicle.

Car which an insured found at a salvage yard was not a “motor vehicle” within the meaning of his automobile insurance policy, and the trial court ruled correctly that a company which issued the insured’s policy was entitled to summary judgment in its action seeking a declaration that it did not have an obligation to compensate the insured for injuries he sustained when the car fell on him. Casco Indem. Co. v. Gonsalves, 839 A.2d 546, 2004 R.I. LEXIS 8 (R.I. 2004).

Motor Vehicles for Hire.

Definition of “motor vehicles for hire” include all vehicles used for that purpose without regard to the precise method under which the vehicle was used. Broadway Auto Sales v. Asselin, 93 R.I. 403 , 176 A.2d 714, 1961 R.I. LEXIS 128 (1961).

In view of the provision of § 31-1-2 that certain definitions set out in this section are to be applied to the term so defined whenever it is used in the Motor Vehicle Code Act, the court would be bound by the definition of a “motor vehicle for hire” set out in that section in ascertaining whether a particular vehicle is for hire within the purview of the double registration fee provisions of § 31-6-1 . Broadway Auto Sales v. Asselin, 93 R.I. 403 , 176 A.2d 714, 1961 R.I. LEXIS 128 (1961).

Collateral References.

“Motor vehicle”, meaning of term. 48 A.L.R. 1090; 70 A.L.R. 1253.

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>>>>>>> origin/main 31-1-3.1. Autocycles.

  1. “Autocycle” means only those motor vehicles that:
    1. Do not have more than three (3) wheels in contact with the ground;
    2. Are designed to be controlled with a steering wheel and foot pedals for acceleration, braking, or shifting;
    3. Are equipped with seating that does not require occupants to straddle or sit astride the seating; and
    4. Are manufactured and certified to comply with federal safety requirements for a motorcycle.
  2. Except as otherwise provided in this title, an “autocycle” shall be considered to be a “motorcycle” as defined in § 31-1-3(l) .
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 390, § 1; P.L. 2016, ch. 404, § 1.

Compiler’s Notes.

P.L. 2016, ch. 390, § 1, and P.L. 2016, ch. 404, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-1-4. Trucks and tractors.

  1. “Covered heavy-duty tow and recovery vehicle” means a vehicle that is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and, provided the vehicle has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
  2. “Farm tractor” means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry or farm vehicles.
  3. “Tow cars and tow trucks” means every motor vehicle ordinarily used for the purpose of towing or removing motor vehicles or assisting disabled motor vehicles.
    1. “Trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.
    2. “Towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers:
      1. With a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and
      2. In which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of the trailers or semitrailers.
  5. “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property. The administrator of the division of motor vehicles shall determine, in case of doubt, if a motor vehicle is subject to registration as a truck.
  6. “Truck tractor” means a non-cargo-carrying power unit that operates in combination with a semi-trailer or trailer, except that a truck tractor and a semi-trailer or trailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1951, ch. 2826, § 1; G.L. 1956, § 31-1-4 ; P.L. 1983, ch. 294, § 1; P.L. 1992, ch. 324, § 9; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1951, ch. 2826, § 1; G.L. 1956, § 31-1-4 ; P.L. 1983, ch. 294, § 1; P.L. 1992, ch. 324, § 9; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

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Compiler’s Notes.

P.L. 2018, ch. 39, § 1, and P.L. 2018, ch. 45, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 39, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 45, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-1-5. Trailers.

  1. “Automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, provided it complies with weight limitations for a truck tractor and semitrailer combination.
  2. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
  3. “Semi-trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, constructed so that some of its weight and that of its load rests upon or is carried by another vehicle.
  4. “Tractor-semi-trailer combination” means every combination of a tractor and a semi-trailer properly attached to the tractor to form an articulated vehicle.
  5. “Tractor-trailer combination” means every combination of a tractor and a trailer, properly attached to the tractor to form an articulated vehicle.
  6. “Trailer” means every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, constructed so that none of its weight rests upon the towing vehicle.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 4; G.L. 1956, § 31-1-5 ; P.L. 2010, ch. 239, § 25; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 4; G.L. 1956, § 31-1-5 ; P.L. 2010, ch. 239, § 25; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

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Compiler’s Notes.

P.L. 2018, ch. 39, § 1, and P.L. 2018, ch. 45, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 39, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 45, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

NOTES TO DECISIONS

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Vehicle.

In the context of R.I. Gen. Laws § 31-1-3 , as amended by 1997 R.I. Pub. Laws 186, § 1, a trailer is a “vehicle” but not a “motor vehicle.” LePage v. Babcock, 839 A.2d 1226, 2004 R.I. LEXIS 12 (R.I. 2004).

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Vehicle.

In the context of R.I. Gen. Laws § 31-1-3 , as amended by 1997 R.I. Pub. Laws 186, § 1, a trailer is a “vehicle” but not a “motor vehicle.” LePage v. Babcock, 839 A.2d 1226, 2004 R.I. LEXIS 12 (R.I. 2004).

>>>>>>> origin/main 31-1-6. Specially constructed and reconstructed vehicles.

  1. “Essential parts” means all integral and body parts of a vehicle of a type that must be registered under chapters 3 — 9 of this title, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
  2. “Reconstructed vehicle” means every vehicle of a type that must be registered under chapters 3 — 9 of this title, which has been materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.
  3. “Specially constructed vehicle” means every vehicle of a type that must be registered under chapters 3 — 9 of this title, but not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles; provided, that specially constructed vehicles shall include hand-built, home-built, and one-off cars that do not resemble any production car. Specially constructed vehicles shall be entitled to standard passenger automobile plates; provided, that all safety and emissions standards applied to reconstructed vehicles are met.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 5; P.L. 1951, ch. 2826, § 2; G.L. 1956, § 31-1-6 ; P.L. 2013, ch. 188, § 1; P.L. 2013, ch. 203, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 5; P.L. 1951, ch. 2826, § 2; G.L. 1956, § 31-1-6 ; P.L. 2013, ch. 188, § 1; P.L. 2013, ch. 203, § 1.

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Compiler’s Notes.

P.L. 2013, ch. 188, § 1, and P.L. 2013, ch. 203, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-1-7. Foreign vehicle.

“Foreign vehicle” means every vehicle, of a type that must be registered under chapters 3 — 9 of this title, brought into this state from another state, territory or country, other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 6; G.L. 1956, § 31-1-7 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 6; G.L. 1956, § 31-1-7 .

>>>>>>> origin/main 31-1-8. Farm vehicle.

“Farm vehicle” means every vehicle which is designed for and used for agricultural purposes and used by the owner of the vehicle or family member(s) or employee(s) or designees of the owner, in the conduct of the owner’s agricultural operations, which use shall include the delivery of agricultural products produced by the farmer but shall not include commercial hire for nonagricultural uses, including, but not limited to, hauling of sand and gravel, snow plowing, land clearing for other than agricultural purposes or directly on the vehicle owner’s farm, and landscaping. For an owner to qualify as having agricultural purposes, the owner shall provide evidence that he or she meets the requirements of § 44-18-30 .

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History of Section. P.L. 1950, ch. 2595, art. 1, § 7; G.L. 1956, § 31-1-8 ; P.L. 2002, ch. 404, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 7; G.L. 1956, § 31-1-8 ; P.L. 2002, ch. 404, § 1.

>>>>>>> origin/main 31-1-9. Mobile equipment.

“Mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus, and road construction or maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 8; G.L. 1956, § 31-1-9 ; P.L. 1959, ch. 123, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 8; G.L. 1956, § 31-1-9 ; P.L. 1959, ch. 123, § 1.

>>>>>>> origin/main 31-1-10. Types of tires.

  1. “Metal tire” means every tire having a surface made wholly or partly of metal, or other hard, non-resilient material, in contact with the highway.
  2. “Pneumatic tire” means every tire in which compressed air is designed to support the load.
  3. “Solid rubber tire” means every solid tire constructed of rubber or other nonmetallic substances, except pneumatic tires.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 9; G.L. 1956, § 31-1-10 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 9; G.L. 1956, § 31-1-10 .

>>>>>>> origin/main 31-1-11. Railroads and trains.

  1. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
  2. “Railroad train” means an engine driven by steam, electric, or other means, excluding streetcars, with or without cars coupled to it, operated upon stationary rails.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 10; G.L. 1956, § 31-1-11 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 10; G.L. 1956, § 31-1-11 .

>>>>>>> origin/main

Collateral References.

Validity, construction, and effect of § 102(a) of Railroad Revitalization and Regulatory Reform Act (49 USCS § 11501). 143 A.L.R. Fed. 347.

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>>>>>>> origin/main 31-1-12. Explosives and flammable liquids.

  1. “Explosive” means any chemical compound or chemical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause a sudden generation of highly heated gases with resultant gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb.
  2. “Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit (70 degrees F.), or less, as determined by a tagliabue or equivalent closed cup test device.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 11; G.L. 1956, § 31-1-12 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 11; G.L. 1956, § 31-1-12 .

>>>>>>> origin/main 31-1-13. Gross weight.

“Gross weight” means the weight of a vehicle without load plus the maximum weight of any load allowed to be carried on the vehicle. Maximum weight shall be determined by the manufacturer’s allowed gross weight, or as determined by the division.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 12; G.L. 1956, § 31-1-13 ; P.L. 1969, ch. 173, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 12; G.L. 1956, § 31-1-13 ; P.L. 1969, ch. 173, § 1.

>>>>>>> origin/main 31-1-14. Renewal.

“Renewal” means the reissuance of a registration, license, or instruction permit, issued under the provisions of chapters 1 — 27 of this title, the term of which has expired.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 13; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-14 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 13; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-14 .

>>>>>>> origin/main 31-1-15. Suspension, revocation, and cancellation.

  1. “Cancellation” means the registration, driver’s license, or instruction permit is annulled and terminated because of some error or defect or because the former bearer is no longer entitled to one, but the cancellation is without prejudice and a new application may be made at any time after the cancellation.
  2. “Revocation” means the registration, driver’s license, instruction permit and privilege to drive a motor vehicle on the public highways is terminated and shall not be renewed or restored, except that an application for a new registration, license, or the privilege to drive may be presented and acted upon in accordance with the provisions of chapters 1 — 27 of this title.
  3. “Suspension” means the registration, license, or instruction permit and privilege to drive a motor vehicle on the public highways is withdrawn for a specified period.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 14; P.L. 1951, ch. 2826, § 3; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-15 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 14; P.L. 1951, ch. 2826, § 3; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-15 .

>>>>>>> origin/main

Collateral References.

Validity and application of statute or regulation authorizing revocation or suspension of driver’s license for reason unrelated to use of, or ability to operate, motor vehicle. 18 A.L.R.5th 542.

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>>>>>>> origin/main 31-1-16. Administrator and division.

  1. “Administrator” means the administrator of the division of motor vehicles of this state.
  2. “Division” means the division of motor vehicles within the department of revenue of this state acting directly or through its authorized officers and agents.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 15; G.L. 1956, § 31-1-16 ; P.L. 2008, ch. 98, § 2; P.L. 2008, ch. 145, § 2.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 15; G.L. 1956, § 31-1-16 ; P.L. 2008, ch. 98, § 2; P.L. 2008, ch. 145, § 2.

>>>>>>> origin/main 31-1-17. Types of persons.

  1. “Bailee” means a bailee is one to whom possession of personal property has been entrusted by the bailor for a specific purpose resulting from either an express or implied contract, with the understanding that this personal property shall be returned to the bailor or any person designated by the bailor when the terms and purposes of the contract have been accomplished.
  2. “Chauffeur” means any person who drives a jitney, bus, school bus, motor vehicle used principally for hire with operator, or trackless trolley coach, regardless of the vehicle’s capacity, and any person who drives a truck, tractor, or tractor semi-trailer, if the gross vehicle weight is twenty-six thousand and one pounds (26,001 lbs.) or more. Proper officers and drivers of fire apparatus when in the performance of their duties are not deemed to be chauffeurs.
  3. “Driver” means any operator or chauffeur who drives or is in actual physical control of a vehicle.
  4. “Operator” means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
  5. “Owner” means a person who holds the legal title to a vehicle. In the event a vehicle is the subject of an agreement for conditional sale or lease with right of purchase upon performance of stated conditions and immediate right of possession vested in the vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, or mortgagor is deemed the owner for the purposes of chapters 1 — 27 of this title.
  6. “Pedestrian” means any person afoot.
  7. “Person” means every individual, firm, partnership, corporation, or association.
  8. “Skateboarder, rollerskater, inline skater, or scooter rider” means any person who utilizes a human-powered device containing any number of wheels, whether in tandem or inline, which enables the person to propel himself or herself in a given direction.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 16; P.L. 1951, ch. 2826, § 4; G.L. 1956, § 31-1-17 ; P.L. 1984, ch. 295, § 1; P.L. 1994, ch. 417, § 1; P.L. 2001, ch. 202, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 16; P.L. 1951, ch. 2826, § 4; G.L. 1956, § 31-1-17 ; P.L. 1984, ch. 295, § 1; P.L. 1994, ch. 417, § 1; P.L. 2001, ch. 202, § 1.

>>>>>>> origin/main

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Bailee.

Where automobile repairman agreed to repair and “return” vehicle, driver acting for such bailee in returning vehicle was servant of bailee and not agent of owner. Battista v. Muscatelli, 106 R.I. 514 , 261 A.2d 636, 1970 R.I. LEXIS 953 (1970).

Driver.

The mere fact that the defendant knowingly and purposely turned on the ignition of the vehicle and set it in motion within the parking area itself was sufficient to constitute a violation of § 31-11-18.1 . State v. Morris, 666 A.2d 419, 1995 R.I. LEXIS 226 (R.I. 1995).

Operator.

Superior court erred in dismissing the charges against defendant for driving under the influence of liquor resulting in serious bodily injury, driving so as to endanger resulting in serious bodily injury, and driving with a revoked license because an operator may be distinct and separate from a driver in certain circumstances, and by forcibly seizing control of a moving vehicle when he jumped up from the backseat and grabbed the steering wheel—thus divesting the driver of control—and steering the vehicle off the highway, causing a roll-over crash, defendant placed himself squarely in the realm of an operator of a vehicle. State v. Peters, 172 A.3d 156, 2017 R.I. LEXIS 107 (R.I. 2017).

Owner.

Intent of legislature was to expand concept of what constitutes “owner” so as to include one having no legal title but having lawful possession and control thereof, as for example, a vendee under a conditional sale. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

In a prosecution for driving a motor vehicle without the consent of the owner under § 31-9-1 , the defendant was not the “owner” of the vehicle under subsection (b) (now (e)) of this section although he paid a $250 deposit, which took the car off the market but which did not operate to transfer ownership, and since no conditional sales contract existed transferring possession of the vehicle. State v. Malstrom, 672 A.2d 448, 1996 R.I. LEXIS 62 (R.I. 1996).

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>>>>>>> origin/main 31-1-18. Resident and nonresident.

  1. “Nonresident” means any person who is not a resident of this state or is temporarily residing in this state as a student or as a member of the armed forces of the United States.
  2. “Resident” means a person:
    1. Who owns, rents, or leases real estate within the state as his or her residence and:
      1. Engages in a trade, business, or profession in this state; or
      2. Enrolls his or her children in a school in this state for a period exceeding ninety (90) days; or
    2. Who is registered to vote or is eligible to register to vote under the laws of this state.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 17; G.L. 1956, § 31-1-18 ; P.L. 1966, ch. 104, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 17; G.L. 1956, § 31-1-18 ; P.L. 1966, ch. 104, § 1.

>>>>>>> origin/main 31-1-19. Types of business.

  1. “Applicant” means any person, firm, corporation, or association making application under chapters 1 — 27 of this title.
  2. “Dealer” means every person engaged in the business of buying, selling, or exchanging vehicles required to be registered under chapters 3 — 9 of this title, and who has an established place of business for that purpose in this state.
  3. “Distributor” means every person, resident, or nonresident of this state, who sells or distributes motor vehicles to motor vehicle dealers in this state, or who maintains a distributor representative in this state.
  4. “Factory branch” means every branch office maintained by a manufacturer for the sale of motor vehicles to distributors, or for the sale of motor vehicles to motor vehicle dealers or for directing or supervising, in whole or in part, its representatives in this state.
  5. “Factory representative” means every representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of its motor vehicles, or for supervising or contacting its dealers or prospective dealers.
  6. “Licensee” means any person receiving a license under chapters 1 — 27 of this title.
  7. “Licensor” means either the administrator, an authorized representative, or both, who are authorized to issue a license under chapters 1 — 27 of this title.
  8. “Manufacturer” means every person engaged in the business of constructing or assembling vehicles required to be registered under chapters 3 — 9 of this title at an established place of business in this state.
  9. “New and unused motor vehicle dealer” means every person, firm, or corporation which sells, solicits, or advertises the sale of new and unused motor vehicles; holds a bona fide contract or franchise in effect with a manufacturer or distributor of the vehicle(s) to be dealt in; maintains adequate space in the building or structure where the established business is conducted for the display of those vehicle(s); provides for vehicle repair and servicing; and stores parts and accessories for those motor vehicles.
  10. “Transporter” means every person engaged in the business of delivering vehicles required to be registered under chapter 3 of this title from a manufacturing, assembling, and distributing plant to a point of destination or for the purpose of weighing, testing, transporting, or delivering that vehicle, or for the purpose of moving that vehicle in connection with making installations on or improvements to it, or for repossession of or foreclosure of it.
  11. “Wrecker” means every person engaged in the business of wrecking or dismantling motor vehicles for the resale of the parts or material from them.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 18; G.L. 1956, § 31-1-19 ; P.L. 1960, ch. 155, § 1; P.L. 1966, ch. 189, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 18; G.L. 1956, § 31-1-19 ; P.L. 1960, ch. 155, § 1; P.L. 1966, ch. 189, § 1.

>>>>>>> origin/main

Collateral References.

Business of selling motor vehicles, regulation or licensing of. 57 A.L.R.2d 1265.

Validity and construction of statute regulating dealings between automobile manufacturers, distributors, and dealers. 7 A.L.R.3d 1173; 82 A.L.R.4th 624.

What constitutes use of vehicle “in the automobile business” within exclusionary clause of liability policy. 71 A.L.R.2d 964; 56 A.L.R.4th 300.

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>>>>>>> origin/main 31-1-20. Established place of business.

“Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records of that business are kept and where a large share of that business is transacted.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 19; G.L. 1956, § 31-1-20 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 19; G.L. 1956, § 31-1-20 .

>>>>>>> origin/main 31-1-21. Enforcement officers.

  1. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or the administrator of the division of motor vehicles and up to five (5) subordinates designated by the administrator under the provisions of § 31-2-3 .
  2. “Proper officer” means for the purposes of chapters 1 — 50 of this title, any member of the state or municipal police, deputy sheriff, city or town sergeant, the administrator of the division of motor vehicles, or any subordinate appointed by the administrator of the division of motor vehicles under the provisions of § 31-2-3 .
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History of Section. P.L. 1950, ch. 2595, art. 1, § 20; G.L. 1956, § 31-1-21 ; P.L. 1975, ch. 121, § 1; P.L. 2012, ch. 324, § 60.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 20; G.L. 1956, § 31-1-21 ; P.L. 1975, ch. 121, § 1; P.L. 2012, ch. 324, § 60.

>>>>>>> origin/main 31-1-22. Local authorities.

“Local authorities” means every city, town, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 21; G.L. 1956, § 31-1-22 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 21; G.L. 1956, § 31-1-22 .

>>>>>>> origin/main 31-1-23. Types of roads.

  1. “Bicycle lane” means a portion of highway right-of-way designated by the state and identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists. The operation and parking of motor vehicles is prohibited within the lane identified for exclusive use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or when required in the course of official duty.
  2. “Bicycle route” means a shared right-of-way along a highway, designated by the state and identified by official traffic control devices (signs) for use by bicyclists.
  3. “Bicycle trail or path” means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Bicycle trails or paths may also be used by pedestrians, skaters, wheelchair users, joggers and other nonmotorized users.
  4. “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
  5. “Limited access highway” means every highway, street, or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at those points and in that manner determined by the public authority having jurisdiction over it.
  6. “Local highway” means every street or highway other than a state highway, private road, or driveway.
  7. “Private road or driveway” means every way or place in private ownership that is used for vehicular travel only by the owner and by those others having express or implied permission from the owner.
  8. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to the roadway separately and not the roadways collectively.
  9. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
  10. “State highway” means every street or highway constructed and/or maintained by the director of public works and the division of roads and bridges.
  11. “Street or highway” means the entire width between boundary lines of every way when any part of it is open to the use of the public for purposes of vehicular traffic.
  12. “Through highway” means every highway or portion of a highway having entrances from intersecting highways at which vehicular traffic is required by law to stop before entering or crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 22; P.L. 1951, ch. 2826, §§ 5, 6; G.L. 1956, § 31-1-23 ; P.L. 1976, ch. 58, § 3; P.L. 1982, ch. 302, § 1; P.L. 2005, ch. 64, § 1; P.L. 2005, ch. 67, § 1; P.L. 2006, ch. 640, § 3.

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 22; P.L. 1951, ch. 2826, §§ 5, 6; G.L. 1956, § 31-1-23 ; P.L. 1976, ch. 58, § 3; P.L. 1982, ch. 302, § 1; P.L. 2005, ch. 64, § 1; P.L. 2005, ch. 67, § 1; P.L. 2006, ch. 640, § 3.

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NOTES TO DECISIONS

Highway.

From a review of the testimony of the investigating officer from a diagram made by him and from pictures taken of the scene of the alleged offense, the highway in question was in fact open to the public and was within the meaning of the applicable statute. State v. Wheeler, 92 R.I. 389 , 169 A.2d 7, 1961 R.I. LEXIS 43 (1961).

Testimony of defendant that he drove over a street daily, of a police officer that cars passed back and forth on the street, and of another driver that she usually slowed down for a certain intersection when driving on this street was sufficient to establish the street as a “highway” within the definition of subsection (a) (now (i)). State v. Mantia, 101 R.I. 367 , 223 A.2d 843, 1966 R.I. LEXIS 400 (1966).

Testimony of the arresting officer that, while on duty patrolling the street in question, he saw the defendant operating a motor vehicle eastwardly on said street was sufficient to support a finding of the court that such street was a “highway” within the meaning of subsection (a) (now (i)). State v. Jamgochian, 109 R.I. 46 , 280 A.2d 320, 1971 R.I. LEXIS 1022 (1971), overruled in part, State v. Acquisto, 463 A.2d 122, 1983 R.I. LEXIS 1012 (R.I. 1983).

Subsections (a) and (c), in defining highway and roadway, contemplate that a highway is wider than a roadway and includes the “entire width” between the boundary lines of the public way, including the sidewalk, berm, or shoulder. O'Gara v. Ferrante, 690 A.2d 1354, 1997 R.I. LEXIS 80 (R.I. 1997).

Sidewalk.

The term “sidewalk” is given a specific meaning within this section. It is the portion of the highway that is adjacent to the roadway. Together, a sidewalk and a roadway make up a highway or a street. Alfano v. Landers, 585 A.2d 651, 1991 R.I. LEXIS 21 (R.I. 1991).

Elevated divider separating two portions of a parking lot could not be considered a sidewalk, where the parking lot itself could not be considered a roadway used for vehicular traffic. Alfano v. Landers, 585 A.2d 651, 1991 R.I. LEXIS 21 (R.I. 1991).

Collateral References.

Applicability of regulations governing vehicular traffic to driveways or other places not legal highways. 80 A.L.R. 469.

“Highway” in statutory provision relative to vehicle traffic as including street. 54 A.L.R. 1250.

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>>>>>>> origin/main 31-1-24. Intersection.

  1. “Intersection” means the area embraced within the prelongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
  2. Where a highway includes two (2) roadways thirty feet (30´) or more apart, then every crossing of each roadway of that divided highway by an intersecting highway is to be regarded as a separate intersection. When the intersecting highway also includes two (2) roadways thirty feet (30´) or more apart, then every crossing of the two (2) roadways of that highway is to be regarded as a separate intersection.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 23; G.L. 1956, § 31-1-24 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 23; G.L. 1956, § 31-1-24 .

>>>>>>> origin/main

Collateral References.

Parkway or other neutral strip, statutory definition of “intersection” as applied to streets and highways divided by. 165 A.L.R. 1418.

What is a street or highway intersection within traffic rules. 7 A.L.R.3d 1204.

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>>>>>>> origin/main 31-1-25. Crosswalk.

“Crosswalk” means:

  1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; or
  2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 24; G.L. 1956, § 31-1-25 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 24; G.L. 1956, § 31-1-25 .

>>>>>>> origin/main 31-1-26. Safety zone.

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is marked or indicated by adequate signs to be plainly visible at all times while set apart as a safety zone.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 25; G.L. 1956, § 31-1-26 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 25; G.L. 1956, § 31-1-26 .

>>>>>>> origin/main 31-1-27. Business and residence districts.

  1. “Business district” means the territory contiguous to and including a highway when within any six hundred feet (600´) along that highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least three hundred feet (300´) of frontage on one side or three hundred feet (300´) collectively on both sides of the highway.
  2. “Residence district” means the territory, contiguous to and including a highway but not comprising a business district, when for a distance of three hundred feet (300´) or more the property is in the main improved with residences or residences and buildings in use for business.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 26; G.L. 1956, § 31-1-27 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 26; G.L. 1956, § 31-1-27 .

>>>>>>> origin/main

NOTES TO DECISIONS

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Closely Built Up.

Operator of vehicle had duty to determine for himself whether area was “closely built up” within meaning of former statute. State v. Buchanan, 32 R.I. 490 , 79 A. 1114, 1911 R.I. LEXIS 57 (1911).

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Closely Built Up.

Operator of vehicle had duty to determine for himself whether area was “closely built up” within meaning of former statute. State v. Buchanan, 32 R.I. 490 , 79 A. 1114, 1911 R.I. LEXIS 57 (1911).

>>>>>>> origin/main 31-1-28. Types of traffic control devices.

  1. “Official traffic control devices” means all signs, signals, markings, and devices not inconsistent with chapters 1 — 27 of this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
  2. “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
  3. “Traffic control signs” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 27; G.L. 1956, § 31-1-28 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 27; G.L. 1956, § 31-1-28 .

>>>>>>> origin/main 31-1-29. Traffic.

“Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 28; G.L. 1956, § 31-1-29 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 28; G.L. 1956, § 31-1-29 .

>>>>>>> origin/main 31-1-30. Right-of-way.

“Right-of-way” means the privilege of the immediate use of the highway.

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History of Section. P.L. 1950, ch. 2595, art. 1, § 29; G.L. 1956, § 31-1-30 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 29; G.L. 1956, § 31-1-30 .

>>>>>>> origin/main 31-1-31. Types of stops.

  1. “Park” means, when prohibited, the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
  2. “Stop” means, when required, a complete cessation from movement.
  3. “Stop, stopping or standing” means, when prohibited, any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
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History of Section. P.L. 1950, ch. 2595, art. 1, § 30; G.L. 1956, § 31-1-31 .

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History of Section.

P.L. 1950, ch. 2595, art. 1, § 30; G.L. 1956, § 31-1-31 .

>>>>>>> origin/main 31-1-32. Severability.

If any part or parts of this title are held to be unconstitutional that unconstitutionality shall not affect the validity of the remaining parts of this title.

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History of Section. P.L. 1950, ch. 2295, art. 39, § 2; P.L. 1952, ch. 3002, § 44; G.L. 1956, § 31-1-32 ; P.L. 1962, ch. 204, § 3; P.L. 1992, ch. 324, § 9.

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History of Section.

P.L. 1950, ch. 2295, art. 39, § 2; P.L. 1952, ch. 3002, § 44; G.L. 1956, § 31-1-32 ; P.L. 1962, ch. 204, § 3; P.L. 1992, ch. 324, § 9.

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Chapter 2 Division of Motor Vehicles

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>>>>>>> origin/main 31-2-1. Establishment — Duties — Chief of division.

Within the department of revenue there shall be a division of motor vehicles. The division will be responsible for activities assigned to it by law, including, but not limited to, motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws relating to the issuance, suspension and revocation of motor vehicle registrations and drivers’ licenses. The division shall administer the financial responsibility law. The chief of the division shall use the title and designation “registrar” or “administrator” on all licenses, registrations, orders of suspensions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division. He or she shall exercise all powers and duties prescribed by chapters 1 — 27 of this title and shall supervise and direct the promotion of highway traffic safety.

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History of Section. P.L. 1939, ch. 660, § 22; P.L. 1950, ch. 2595, art. 2, § 1; G.L. 1956, § 31-2-1 ; P.L. 2000, ch. 109, § 77; P.L. 2006, ch. 246, art. 38, § 4.

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History of Section.

P.L. 1939, ch. 660, § 22; P.L. 1950, ch. 2595, art. 2, § 1; G.L. 1956, § 31-2-1 ; P.L. 2000, ch. 109, § 77; P.L. 2006, ch. 246, art. 38, § 4.

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Compiler’s Notes.

Section 1 of art. 21 of P.L. 1994, ch. 70, as amended by P.L. 2000, ch. 109, § 76, provides that in any general or special law of Rhode Island, and specifically in title 31, reference to the registry of motor vehicles shall be construed to refer to the division of motor vehicles within the department of administration, and any reference to the registrar of motor vehicles or the assistant director of transportation for motor vehicles shall be construed to refer to the administrator of the division of motor vehicles within the department of administration. Any duties conferred upon the department of transportation or the director of transportation by title 31 shall be construed to refer to the department of administration or the director of administration; provided, however, that chapter 13 of title 31 and all other sections of title 31 referring to the state traffic commission remain under the authority of the department of transportation or the director of transportation, and the director of administration may delegate in writing to the director of transportation such duties and responsibilities as he or she may deem appropriate in relation to highway safety. The director of law revision of the joint committee on legislative services is authorized to make changes in title 31 to carry out the intent of this Act.

Cross References.

Jurisdiction over taxicabs and limited public motor vehicles, § 39-14-6 .

Comparative Legislation.

Department or registry of motor vehicles:

Conn. Gen. Stat. § 14-2 et seq.

Mass. Ann. Laws ch. 16, § 9.

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>>>>>>> origin/main 31-2-2. Subordinates and investigators.

The administrator of the division of motor vehicles shall appoint any subordinates that he or she may require for the proper performance of his or her duties. He or she shall appoint investigators who shall be empowered to investigate the application for any motor vehicle license or registration in order to ascertain the truth of the statements made in it, to seize or recover the license or registration certificate and number plates of any person whose license or registration shall have been suspended or revoked, and to perform any other duties not inconsistent with the law as the administrator may direct.

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History of Section. P.L. 1939, ch. 660, § 23; P.L. 1939, ch. 678, § 1; P.L. 1950, ch. 2595, art. 2, § 2; G.L. 1956, § 31-2-2 .

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History of Section.

P.L. 1939, ch. 660, § 23; P.L. 1939, ch. 678, § 1; P.L. 1950, ch. 2595, art. 2, § 2; G.L. 1956, § 31-2-2 .

>>>>>>> origin/main 31-2-3. Enforcement duties of administrator.

  1. The administrator of the division of motor vehicles is vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of chapters 1 — 50 of this title and of all laws regulating the operation of vehicles, or the use of the highways, the enforcement or administration of which is now or hereafter vested in the division of motor vehicles.
  2. The administrator shall appoint any subordinates he or she may require for the proper performance of his or her duties. The administrator, and any subordinates designated by the administrator, shall have and exercise throughout this state the same authority to make arrests for violations of statutes relating to motor vehicles and to enforce those statutes as police or town constables have in their respective jurisdictions, including the power of arrest without warrant for any violation of title 31. The administrator, and any subordinates designated by the administrator, may serve all process lawfully issued by the administrator. Whenever a complaint is made of any violation of the provisions of the aforementioned chapters by the administrator of the division of motor vehicles, or those subordinates designated by him or her to enforce these provisions, he or she shall not be required to furnish surety for cost or be liable for cost upon any complaint. The administrator, and any subordinates he or she may designate, may bear and use firearms and may be equipped with uniforms as prescribed by the administrator of motor vehicles in accordance with the policing and enforcing provisions as prescribed by this section.
  3. The administrator may provide for training for those persons designated with authority to make arrests and shall issue to each such person credentials showing his or her identity and these credentials shall be carried upon their person while in the discharge of his or her duties.
  4. At no time may any subordinate authorized to make arrests stop a motorist for any violation of the motor vehicle law while the motorist is operating a vehicle upon any highway of this state, unless that subordinate is operating or riding in a division of motor vehicles vehicle that is plainly marked “Division of motor vehicles” or unless the motorist is fleeing from pursuit by a division of motor vehicles officer.
  5. The administrator may adopt any further regulations that he or she may deem necessary to implement this section.
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History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-3 ; P.L. 1975, ch. 121, § 2; P.L. 2015, ch. 260, § 32; P.L. 2015, ch. 275, § 32.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-3 ; P.L. 1975, ch. 121, § 2; P.L. 2015, ch. 260, § 32; P.L. 2015, ch. 275, § 32.

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Compiler’s Notes.

P.L. 2015, ch. 260, § 32, and P.L. 2015, ch. 275, § 32 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Cross References.

Taxicabs and limited public motor vehicles, enforcement of regulations, § 39-14-22 .

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>>>>>>> origin/main 31-2-4. Rules and regulations — Exception to authority.

The administrator of the division of motor vehicles, department of revenue is authorized to adopt and enforce those rules and regulations that may be necessary to carry out the provisions of chapters 1 — 27 of this title, and any other laws the enforcement and administration of which are vested in the division of motor vehicles, including rules and regulations concerning specialized testing and standards for operators of commercial vehicles; provided, however, that nothing contained in this section shall be construed to authorize the administrator to charge any monetary fee for a license or permit to utilize a flashing light by any volunteer fire department or volunteer ambulance squad.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-4 ; P.L. 1979, ch. 321, § 1; P.L. 1987, ch. 398, § 1; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-4 ; P.L. 1979, ch. 321, § 1; P.L. 1987, ch. 398, § 1; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

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Cross References.

Procedure for adoption of rules, § 42-35-1 et seq.

Collateral References.

Delegation of legislative power to prescribe or vary regulations concerning motor vehicles. 87 A.L.R. 546.

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>>>>>>> origin/main 31-2-5. Official seal.

The administrator may adopt an official seal for the use of the division of motor vehicles.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-5 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-5 .

>>>>>>> origin/main 31-2-6. Offices.

The administrator shall maintain offices in those places in the state that he or she may deem necessary to properly carry out the powers and duties vested in the division of motor vehicles. The administrator shall maintain branch offices in the towns of Warren and Westerly and keep the Warren office open for business at least three (3) days per week and keep the Westerly office open at least one day per week.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 4; G.L. 1956, § 31-2-6 ; P.L. 1976, ch. 157, § 1; P.L. 1985, ch. 181, art. 37, § 1; P.L. 1985, ch. 322, § 1; P.L. 1994, ch. 215, § 1; P.L. 2009, ch. 391, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 4; G.L. 1956, § 31-2-6 ; P.L. 1976, ch. 157, § 1; P.L. 1985, ch. 181, art. 37, § 1; P.L. 1985, ch. 322, § 1; P.L. 1994, ch. 215, § 1; P.L. 2009, ch. 391, § 1.

>>>>>>> origin/main 31-2-7. Forms.

The administrator shall prescribe and provide suitable forms of applications, registration cards, operators’ and chauffeurs’ licenses, and all other forms requisite or deemed necessary to carry out the provisions of chapters 1 — 50 of this title and any other laws, the enforcement and administration of which are vested in the division of motor vehicles.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 5; G.L. 1956, § 31-2-7 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 5; G.L. 1956, § 31-2-7 .

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Cross References.

Summonses and related forms for motor vehicle violations, § 31-27-12.1 .

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>>>>>>> origin/main 31-2-8. Oaths and acknowledgments.

Officers and employees of the division of motor vehicles designated by the administrator are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures, and shall do so without fee.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-8 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-8 .

>>>>>>> origin/main 31-2-9. Certified copies of licenses, applications and certificates.

The administrator and any officers of the division of motor vehicles that he or she may designate are authorized to prepare under the seal of the division of motor vehicles and deliver upon request a certified copy of the application for operator’s license or registration, or operator’s license or registration, charging a fee of ten dollars ($10.00) for each document so authenticated, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-9 ; P.L. 1960, ch. 75, § 3; P.L. 1980, ch. 114, § 1; P.L. 1990, ch. 10, art. 4, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-9 ; P.L. 1960, ch. 75, § 3; P.L. 1980, ch. 114, § 1; P.L. 1990, ch. 10, art. 4, § 1.

>>>>>>> origin/main 31-2-10. Abstracts of operator’s records.

The administrator shall upon request furnish a certified abstract of the record of any operator on file fully designating the motor vehicles, if any, registered in the name of the operator, the record of all convictions of the operator of any of the provisions of this title, and the record of all the operator’s involvements in accidents required to be reported under the provisions of § 31-33-1 . If the operator has no such record, the administrator shall so certify. The administrator shall collect for each certificate the sum of sixteen dollars ($16.00); however, if the request for the certificate is made by any governmental agency, bureau, or department for use in its official capacity, the administrator shall collect no fee. The requirement of this section that the certificate shall be furnished shall not make the certificate admissible as evidence in any legal proceeding or in any trial, whether criminal or civil.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-10 ; P.L. 1960, ch. 75, § 3; P.L. 1960, ch. 188, § 1; P.L. 1983, ch. 15, § 1; P.L. 1989, ch. 50, § 1; P.L. 1990, ch. 10, art. 2, § 1; P.L. 1992, ch. 453, § 8; P.L. 1993, ch. 138, art. 85, § 7; P.L. 1994, ch. 70, art. 35, § 6; P.L. 1995, ch. 370, art. 10, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-10 ; P.L. 1960, ch. 75, § 3; P.L. 1960, ch. 188, § 1; P.L. 1983, ch. 15, § 1; P.L. 1989, ch. 50, § 1; P.L. 1990, ch. 10, art. 2, § 1; P.L. 1992, ch. 453, § 8; P.L. 1993, ch. 138, art. 85, § 7; P.L. 1994, ch. 70, art. 35, § 6; P.L. 1995, ch. 370, art. 10, § 1.

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Cross References.

Habitual offender, administrator to certify transcript or abstract to the attorney general, § 31-40-3 .

NOTES TO DECISIONS

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Admissibility.

In a prosecution for driving with a suspended license, a driver’s abstract from the Registry of Motor Vehicles was clearly admissible under Rules 901(b)(7) and 902(4) of the Rhode Island Rules of Evidence, and was not excluded under Rule 803(8)(B) because it did not contain information observed by police officers or law-enforcement personnel. Also, the admission of this abstract did not violate the defendant’s right to confrontation under the United States and Rhode Island Constitutions by allowing, in effect, New York officials to testify about violations in that state. The report did not contain any statements by New York officials, only a notation of the New York violation. State v. D'Alo, 649 A.2d 498, 1994 R.I. LEXIS 256 (R.I. 1994).

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Admissibility.

In a prosecution for driving with a suspended license, a driver’s abstract from the Registry of Motor Vehicles was clearly admissible under Rules 901(b)(7) and 902(4) of the Rhode Island Rules of Evidence, and was not excluded under Rule 803(8)(B) because it did not contain information observed by police officers or law-enforcement personnel. Also, the admission of this abstract did not violate the defendant’s right to confrontation under the United States and Rhode Island Constitutions by allowing, in effect, New York officials to testify about violations in that state. The report did not contain any statements by New York officials, only a notation of the New York violation. State v. D'Alo, 649 A.2d 498, 1994 R.I. LEXIS 256 (R.I. 1994).

>>>>>>> origin/main 31-2-11. Records open for inspection — Admissibility of certified copies of records as evidence.

  1. All records of the division of motor vehicles, other than those declared by law to be confidential for the use of the division of motor vehicles, shall be open to public inspection during office hours. Any copies or photostatic copies of any records, books, papers, documents, and rulings of the division of motor vehicles when certified to be correct by an employee of the division of motor vehicles who is designated for this purpose by the administrator of the division of motor vehicles shall be acceptable as evidence in the courts of this state with the same force and effect as the originals, in all cases where such original records, books, papers, documents, and rulings would be admitted in evidence.
  2. Whenever any subpoena duces tecum is issued to the administrator of the division of motor vehicles for the production in court of the records, books, papers, documents, or rulings of the division of motor vehicles it shall not be necessary for the administrator of the division of motor vehicles to whom the subpoena is issued to appear personally, and a copy or photostat duly certified under the seal of the department by the administrator of the division of motor vehicles of the records, books, papers, documents, or rulings of the division of motor vehicles submitted as described in this section shall be full compliance with the subpoena. Under the application to the court and for good cause shown, the court may compel the attendance of the administrator of the division of motor vehicles or the supervisor or an assistant who is charged with the care and custody of the official records or any investigator of the division of motor vehicles to answer the subpoena duces tecum.
  3. For the purposes outlined in this section, the person designated by the administrator of the division of motor vehicles shall be the official “keeper of records” for the division.
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History of Section. P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-11 ; P.L. 1968, ch. 155, § 1; P.L. 1969, ch. 133, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-11 ; P.L. 1968, ch. 155, § 1; P.L. 1969, ch. 133, § 1.

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Cross References.

Furnishing registration and license information to public and government, § 31-2-20 .

Collateral References.

Records, right to examine and copy. 84 A.L.R.2d 1261; 108 A.L.R.2d 1261.

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>>>>>>> origin/main 31-2-12. Destruction of obsolete records.

The administrator of the division of motor vehicles may destroy any records of the division of motor vehicles that have been maintained on file for three (3) years which are obsolete and of no further service in carrying out the powers and duties of the division of motor vehicles.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-12 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-12 .

>>>>>>> origin/main 31-2-13. Report to tax assessors of vehicles registered.

  1. As soon as practical after January 1 in every year, the division of motor vehicles shall furnish, without charge, to the tax assessors of each city or town in this state, a statement of the motor vehicles registered from that city or town on and after January 1 and through the thirty-first day of December of the previous year and the inclusive dates of their registration within this period.
  2. The provisions of this section shall apply in all respects in the case of taxes assessed upon motor vehicles by any fire district.
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History of Section. P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1950 (s.s.), ch. 2639, § 1; P.L. 1956, ch. 3714, § 1; G.L. 1956, § 31-2-13 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1950 (s.s.), ch. 2639, § 1; P.L. 1956, ch. 3714, § 1; G.L. 1956, § 31-2-13 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 5.

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Cross References.

Listing of motor vehicles on tax roll, § 44-34-3 .

NOTES TO DECISIONS

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Foreign Corporation’s Vehicles.

Where a card, from which the registrar determines the number of registered motor vehicles to report to tax assessors in the state, carries an admission that a certain town is to tax its foreign corporation’s vehicles, this does not mean that all the vehicles in the fleet may be taxed, but only the percentage of the fleet that enjoyed the benefits of the town. Hemingway Transp. v. Tax Assessor, 105 R.I. 411 , 252 A.2d 340, 1969 R.I. LEXIS 771 (1969).

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Foreign Corporation’s Vehicles.

Where a card, from which the registrar determines the number of registered motor vehicles to report to tax assessors in the state, carries an admission that a certain town is to tax its foreign corporation’s vehicles, this does not mean that all the vehicles in the fleet may be taxed, but only the percentage of the fleet that enjoyed the benefits of the town. Hemingway Transp. v. Tax Assessor, 105 R.I. 411 , 252 A.2d 340, 1969 R.I. LEXIS 771 (1969).

>>>>>>> origin/main 31-2-14. Investigation of applications — Rejection.

The division of motor vehicles shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle, and for an operator’s or chauffeur’s license and of any other application lawfully made to the division of motor vehicles, and may in all cases make investigation as may be deemed necessary or require additional information, and shall reject any application if not satisfied of the genuineness, regularity, or legality of the application or the truth of any statement contained in it, or for any other reason, when authorized by law.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 8; G.L. 1956, § 31-2-14 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 8; G.L. 1956, § 31-2-14 .

>>>>>>> origin/main 31-2-15. Seizure of documents and plates.

The division of motor vehicles is authorized to take possession of any registration card, permit, license, or registration plate issued by it upon expiration, revocation, cancellation, or suspension, or which is fictitious, or which has been unlawfully or erroneously issued.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 9; G.L. 1956, § 31-2-15 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 9; G.L. 1956, § 31-2-15 .

>>>>>>> origin/main 31-2-16. Publication of laws.

The division of motor vehicles may publish a synopsis or summary of the laws of this state regulating the operation of vehicles and may deliver a copy of the summary without charge with each original vehicle registration and with each original operator’s or chauffeur’s license.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 10; G.L. 1956, § 31-2-16 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 10; G.L. 1956, § 31-2-16 .

>>>>>>> origin/main 31-2-17. Summons of witnesses — Taking of testimony.

  1. In the performance of their duties under this title, the administrator of the division of motor vehicles, or any duly authorized assistant, or hearing officer or officers appointed by the administrator of the division of motor vehicles, may summon witnesses in behalf of the state and may administer oaths and take testimony.
  2. The administrator of the division of motor vehicles, assistant, or hearing officer may also cause depositions to be taken and may order the production of books, papers, agreements, and documents. Failure, without justifiable cause, to appear and testify when summoned in accordance with this section shall be deemed a misdemeanor.
  3. The fees for the attendance and travel of witnesses shall be the same as for witnesses before the district court. The sixth division of the district court shall have jurisdiction in equity upon application of the division of motor vehicles to enforce all lawful orders of the division of motor vehicles under this section. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
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History of Section. P.L. 1950, ch. 2595, art. 2, § 11; G.L. 1956, § 31-2-17 ; P.L. 1976, ch. 140, § 12.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 11; G.L. 1956, § 31-2-17 ; P.L. 1976, ch. 140, § 12.

>>>>>>> origin/main 31-2-18. Service of notice.

Whenever, by virtue of § 31-2-17 , notice to any person, firm, or corporation is required, or in any other instance when notice may be required, the notice shall consist of personal delivery to the person, firm, or corporation involved, or by mailing of a registered or certified letter.

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History of Section. P.L. 1950, ch. 2595, art. 2, § 12; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-2-18 .

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 12; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-2-18 .

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NOTES TO DECISIONS

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Applicability.

This section does not apply to the procedural requirements for the admissibility of breathalyzer test results in a criminal prosecution. State v. Couchon, 666 A.2d 418, 1995 R.I. LEXIS 227 (R.I. 1995).

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Applicability.

This section does not apply to the procedural requirements for the admissibility of breathalyzer test results in a criminal prosecution. State v. Couchon, 666 A.2d 418, 1995 R.I. LEXIS 227 (R.I. 1995).

>>>>>>> origin/main 31-2-19. Appeal from administrator of the division of motor vehicles.

Any person aggrieved by any order of the administrator of the division of motor vehicles may appeal the order to the sixth division district court by filing, within ten (10) days from the date of the notice to such person of the issuance of the order appealed from, a petition in said court stating the grounds upon which the appeal is taken. Upon the filing of such petition and tendering a twenty-five dollar ($25.00) filing fee, the court shall give thirty (30) days’ notice of the pendency of the petition to the administrator of the division of motor vehicles by serving the administrator of the division of motor vehicles, in the manner in which subpoenas in equity are served, with a certified copy of the petition and the petition shall follow the course of equity so far as it is applicable. Upon hearing the petition, the court may review the evidence taken at a hearing or investigator’s reports, or other information upon which the administrator’s action was taken, and may in its discretion, affirm, overrule, or modify the order of the administrator of the division of motor vehicles. The taking of such appeal shall not operate as a stay of the order of the administrator of the division of motor vehicles from which appeal is taken, and such order shall remain in full force and effect during the pendency of the appeal. A party aggrieved by a final order of the court may seek appellate review pursuant to the procedures set forth in § 42-35-15 .

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History of Section. P.L. 1950, ch. 2595, art. 2, § 13; G.L. 1956, § 31-2-19 ; P.L. 1976, ch. 140, § 12; P.L. 1992, ch. 453, § 8; P.L. 1999, ch. 218, art. 5, § 10.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 13; G.L. 1956, § 31-2-19 ; P.L. 1976, ch. 140, § 12; P.L. 1992, ch. 453, § 8; P.L. 1999, ch. 218, art. 5, § 10.

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Cross References.

Procedure for judicial appeal from administrative agencies, §§ 42-35-15 , 42-35-16 .

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>>>>>>> origin/main 31-2-20. Registration and license information — Fee.

The division of motor vehicles, department of revenue shall, upon request, furnish registration and license information to the public. The division shall collect ten dollars ($10.00) for each request. However, if the request is made by any governmental agency, bureau or department, the division shall collect no fee. All nongovernmental inquiries must be accompanied by a written statement of purpose.

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>>>>>>> origin/main History of Section. P.L. 1990, ch. 10, art. 1, § 2; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

Compiler’s Notes.

P.L. 2008, ch. 98, § 3, and P.L. 2008, ch. 145, § 3, enacted identical amendments to this section.

Cross References.

Records open for inspection, admissibility as evidence, § 31-2-11 .

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>>>>>>> origin/main 31-2-21. Record of hearings.

In all administrative hearings conducted by personnel of the division of motor vehicles involving the issuance, revocation, or suspension of licenses to operate vehicles or the registration of vehicles, a taped recording of that hearing may be made part of the record. In case of appeal to a court, copies of those tapes in lieu of a transcript shall be made available without charge to the operator, owner, or his or her representative.

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 18, § 1.

Cross References.

Hearing on denial, suspension or revocation of drivers’ school or instructors’ licenses, § 31-10-42 .

Hearing on suspension of operators’ or chauffeurs’ licenses, § 31-11-7 .

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>>>>>>> origin/main 31-2-22. Authority to enter into reciprocity agreements.

  1. Notwithstanding any other provisions of law, the administrator of the division of motor vehicles is authorized to enter into reciprocal agreements on behalf of the state with the duly authorized representatives of any state of the United States, the District of Columbia, or a state or a province of a foreign country, providing for the registration of vehicles on an apportionment or allocation basis. In exercising this authority, the administrator of the division of motor vehicles is expressly authorized to enter into and to become a member of the International Registration Plan, or any other designation that may, from time to time, be given to such a plan. The administrator of the division of motor vehicles is further authorized to promulgate and to enforce any rules and regulations that may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under authority set forth in this section.
  2. The International Registration Plan, and any other agreement authorized to be entered into by the administrator of the division of motor vehicles, shall take precedence over any state law or regulation that may be in conflict with the aforementioned agreements.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 294, § 1.

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>>>>>>> origin/main 31-2-23. Denial of license or registrations for nonpayment of delinquent child support.

  1. The department of human services, child support enforcement shall periodically within each year furnish the division of motor vehicles, department of revenue with a list or compilation of names of individuals, together with such other identifying information and in such form as the administrator of the division of motor vehicles shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services, child support enforcement computer system (“CSE system”). For purposes of this section, the terms used in this section shall be given the meaning and definitions specified in § 15-16-2 . The department of human services shall, at times and in the manner prescribed by the administrator of the division of motor vehicles, furnish to the division of motor vehicles information relating to the subsequent payment of those child support order arrearages by or on behalf of the individuals, and the division shall remove the name of the individual(s) from the list.
  2. No individual whose name appears on the list or compilation referred to in subsection (a) of this section, and whose name has not been subsequently removed from the list, shall be permitted to (1) register or renew a registration of any motor vehicle and/or (2) obtain an original license or renewal of a license to operate a motor vehicle, until all child support order arrearages have been paid in full or a satisfactory arrangement for payment has been made with the family court, and payment has been certified to the division of motor vehicles by the department of human services, child support enforcement.
  3. The identifying information furnished by the department of human services, child support enforcement to the division of motor vehicles shall not include individuals’ social security numbers.
  4. A refusal by the division of motor vehicles to register or renew a registration of any motor vehicle and/or issue an original license or renew a license to operate a motor vehicle is a final determination for purposes of chapter 35 of title 42. <<<<<<< HEAD =======

    >>>>>>> origin/main [See § 12-1-15 of the General Laws.]

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>>>>>>> origin/main History of Section. P.L. 1995, ch. 370, art. 29, § 11; P.L. 1995, ch. 374, § 11; P.L. 1997, ch. 170, § 19; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

Compiler’s Notes.

Section 2 of P.L. 1996, ch. 100, art. 12 provides that any reference in any general or special law to child support enforcement, collections and establishment duties of the department of human services, Rhode Island child support services and bureau of family support shall be construed to refer to the division of taxation within the department of administration, any reference to the director of the department of human services, with reference to the child support enforcement and collection of revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of human services or the director of the department of human services shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of the department of human services such duties and responsibilities as he or she may deem appropriate.

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>>>>>>> origin/main 31-2-24. Service fees on returned checks.

The division of motor vehicles is authorized to impose a fee on returned checks, which shall not exceed fifty dollars ($50.00) per returned check.

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>>>>>>> origin/main History of Section. P.L. 2011, ch. 151, art. 19, § 19.

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>>>>>>> origin/main 31-2-25. Surrender of suspended license.

Notwithstanding any law to the contrary, a licensee whose license has been suspended shall not be required to surrender the license to the division of motor vehicles for the period of suspension. In the event a licensee is found to be operating a motor vehicle while under suspension, the license shall be seized by the proper officer and returned to the division of motor vehicles for the remainder of the suspension period.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 282, § 1; P.L. 2013, ch. 375, § 1.

Compiler’s Notes.

P.L. 2013, ch. 282, § 1, and P.L. 2013, ch. 375, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-2-26. Surrender of suspended registration.

Notwithstanding any law to the contrary, a motorist whose registration has been suspended shall not be required to surrender the registration plates to the division of motor vehicles for the period of suspension. In the event a motorist is found to be operating a motor vehicle while the registration is suspended, the registration plates shall be seized by the proper officer and returned to the division of motor vehicles for the remainder of the suspension period.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 282, § 1; P.L. 2013, ch. 375, § 1.

Compiler’s Notes.

P.L. 2013, ch. 282, § 1, and P.L. 2013, ch. 375, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-2-27. Technology surcharge fee.

  1. The division of motor vehicles shall collect a technology surcharge fee of two dollars and fifty cents ($2.50) per transaction for every division of motor vehicles’ fee transaction, except as otherwise provided by law and provided no surcharge fee is assessed on motor vehicle inspection transactions conducted pursuant to § 31-38-4 . One dollar and fifty cents ($1.50) of each two dollars and fifty cents ($2.50) collected pursuant to this section shall be deposited into the information technology investment fund established pursuant to § 42-11-2.5 and shall be used for project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system and to reimburse the information technology investment fund for advances made to cover project-related payments. The remaining one dollar ($1.00) shall be deposited into a restricted-receipt account managed by the division of motor vehicles and restricted to the project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system.
  2. [Deleted by P.L. 2019, ch. 88, art. 7, § 1].
  3. Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited into the division of motor vehicles restricted account and restricted to the project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 302, art. 4, § 1; P.L. 2019, ch. 88, art. 7, § 1.

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>>>>>>> origin/main 31-2-28. Expiration dates.

Notwithstanding any provisions of the general or public laws to the contrary, the administrator of the division of motor vehicles may extend the expiration date of any permit, license, registration, certificate, placard, or other privilege issued by the division of motor vehicles for a period of up to ninety (90) days when the administrator’s ability to properly perform their duties is prevented, hindered, impaired, or otherwise delayed by:

  1. Any upgrade, replacement, or modification of existing technology systems that requires significant time for implementation;
  2. A disaster, as defined in § 30-15-3 , that has occurred, or the occurrence of which, or the threat thereof, is imminent; or
  3. The occurrence of any other similar event that warrants such extension.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 97, § 1; P.L. 2017, ch. 98, § 1.

Compiler’s Notes.

P.L. 2017, ch. 97, § 1, and P.L. 2017, ch. 98, § 1 enacted identical versions of this section.

Chapter 2.1 Motor Vehicle Theft Prevention Program

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>>>>>>> origin/main 31-2.1-1. Motor vehicle theft prevention program — Informed consent statement of owner — Issuance of vehicle decals — Authority to request production of valid driver’s license and registration.

The administrator of the division of motor vehicles, department of administration, in consultation with the superintendent of state police, shall establish a motor vehicle theft prevention program which shall include the issuance of official decals to identify motor vehicles that are not normally operated between the hours of 1:00 A.M. and 5:00 A.M. Participation in the program shall be voluntary in nature and shall involve the following:

  1. In the presence of a duly authorized police officer in any municipality participating in the program, the registered owner of a motor vehicle shall sign an informed consent statement indicating that the motor vehicle registered to the owner is not normally operated between the hours of 1:00 A.M. and 5:00 A.M. The form of an informed consent statement shall be promulgated by the administrator of the division of motor vehicles.
    1. Upon signing an informed consent statement, the registered owner shall be issued a decal approved by the administrator of the division of motor vehicles and the decal shall be affixed to the owner’s vehicle in a conspicuous place as prescribed by the administrator. The decal shall be issued and affixed by the police officer in the municipality participating in the program.
    2. The police officer issuing the decal shall make a record of the decal number issued to each registered owner. These records shall be maintained by the police department of any city or town participating in the program and shall be available to the administrator of the division of motor vehicles, to the superintendent of state police, and to local law enforcement agencies.
  3. Informed consent statement forms shall be available at all division of motor vehicles offices, state police headquarters, and city and town police departments.
  4. Whenever any police officer sees a motor vehicle displaying a decal issued pursuant to the provisions of this section operated on any public highway in the state between the hours of 1:00 A.M. and 5:00 A.M., the officer is authorized to request the driver to produce a valid driver’s license and motor vehicle registration. Whenever the operator of the motor vehicle during such hours is unable to produce a driver’s license and registration, there shall be a rebuttable presumption that the person operating the vehicle is not the registered owner and does not have the authorization of the owner to operate the vehicle.
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>>>>>>> origin/main History of Section. P.L. 1990, ch. 318, § 1.

Chapter 3 Registration of Vehicles

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>>>>>>> origin/main 31-3-1. Operation of unregistered vehicle.

It is a civil violation for any person to operate, or for an owner knowingly to permit to be operated, upon any highway any vehicle of a type required to be registered under this chapter which is not registered and for which the appropriate fee has not been paid or not registered as required in any other state.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 1; G.L. 1956, § 31-3-1 ; P.L. 1999, ch. 218, art. 6, § 1; P.L. 2008, ch. 201, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 1; G.L. 1956, § 31-3-1 ; P.L. 1999, ch. 218, art. 6, § 1; P.L. 2008, ch. 201, § 1.

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Cross References.

Misdemeanors, penalty, § 31-27-13 .

Comparative Legislation.

Registration of motor vehicles:

Conn. Gen. Stat. § 14-12 et seq.

Mass. Ann. Laws ch. 90, § 1 et seq.

NOTES TO DECISIONS

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Recovery of Damages.

Owner and operator of unregistered vehicle was not barred from recovery for injuries sustained while operating on highway. Marquis v. Messier, 39 R.I. 563 , 99 A. 527, 1917 R.I. LEXIS 3 (1917).

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Recovery of Damages.

Owner and operator of unregistered vehicle was not barred from recovery for injuries sustained while operating on highway. Marquis v. Messier, 39 R.I. 563 , 99 A. 527, 1917 R.I. LEXIS 3 (1917).

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Collateral References.

Civil rights and liabilities as affected by failure to comply with regulations as to registration or license. 16 A.L.R. 1108; 35 A.L.R. 62; 38 A.L.R. 1038; 43 A.L.R. 1153; 54 A.L.R. 374; 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375.

Lack of automobile registration as evidence of negligence. 29 A.L.R.2d 963.

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>>>>>>> origin/main 31-3-2. Vehicles subject to registration.

Every motor vehicle, trailer, semi-trailer, pole trailer, motorized camper, tent trailer, travel trailer, pick-up coach, and pick-up camper, owned by a resident of this state when operated or drawn upon a highway within this state for a period of thirty (30) days, shall be subject to the registration provisions of chapters 3 — 9 of this title except:

  1. Any vehicle operated upon a highway in conformance with the provisions of the chapters relating to manufacturers, transporters, dealers, lien holders, or nonresidents;
  2. Any vehicle that is operated upon a highway only for the purpose of crossing the highway but not along the highway from one property to another;
  3. Any farm vehicle, whether or not of a type otherwise subject to registration under this chapter, that is only incidentally operated upon a highway. For purposes of this title, the phrase “incidentally operated upon a highway” shall mean the operation upon a highway of a slow-moving motor vehicle that is designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry, between agricultural operations owned or managed by the owner of the motor vehicle. Unless the incidental operation is only for purposes of crossing the highway but not traveling along it, the farm vehicle engaged in the incidental operation shall display a “Slow Moving Vehicle” emblem in a manner that complies with requirements established by the division of motor vehicles;
  4. Any special mobile equipment as defined in § 31-1-9 ;
  5. Any vehicle that is propelled exclusively by electric power obtained from overhead trolley wires, though not operated upon rails.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 2; P.L. 1952, ch. 2937, § 2; G.L. 1956, § 31-3-2 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 105, § 1; P.L. 1967, ch. 217, § 2; P.L. 1976, ch. 64, § 3; P.L. 1978, ch. 377, § 2; P.L. 1988, ch. 589, § 1; P.L. 2016, ch. 389, § 1; P.L. 2016, ch. 401, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 2; P.L. 1952, ch. 2937, § 2; G.L. 1956, § 31-3-2 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 105, § 1; P.L. 1967, ch. 217, § 2; P.L. 1976, ch. 64, § 3; P.L. 1978, ch. 377, § 2; P.L. 1988, ch. 589, § 1; P.L. 2016, ch. 389, § 1; P.L. 2016, ch. 401, § 1.

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Compiler’s Notes.

P.L. 2016, ch. 389, § 1, and P.L. 2016, ch. 401, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-2.1. Out-of-state motorized bicycles.

Out-of-state residents owning motorized bicycles, whose state of residence does not require the registration of those vehicles, shall register the vehicles in the state of Rhode Island and upon payment of the registration fee shall be issued stickers to be placed on the vehicle evidencing registration.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 327, § 2.

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>>>>>>> origin/main 31-3-2.2. Registration of motorcycles, motorized bicycles, and motorized tricycles.

  1. Every motorcycle, motorized bicycle, and motorized tricycle owned by a resident of this state shall be subject to the registration provisions of chapters 3 — 9 of this title whether the motorcycle, motorized bicycle, or motorized tricycle is operated or drawn upon a highway within this state or upon private property. An electric personal assistive mobility device (“EPAMD”) and electric motorized bicycles shall not be required to register under this chapter; provided, however, that an EPAMD and/or electric motorized bicycles shall not be operated in this state by a person under the age of sixteen (16) years.
  2. Notwithstanding any general law to the contrary, cities and towns are empowered to enact ordinances that permit the use and regulation of electric personal assistive mobility devices (“EPAMD”).
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History of Section. P.L. 1988, ch. 589, § 2; P.L. 2002, ch. 56, § 3; P.L. 2002, ch. 136, § 2; P.L. 2002, ch. 397, § 2; P.L. 2003, ch. 252, § 1; P.L. 2003, ch. 304, § 1.

Applicability.

P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

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History of Section.

P.L. 1988, ch. 589, § 2; P.L. 2002, ch. 56, § 3; P.L. 2002, ch. 136, § 2; P.L. 2002, ch. 397, § 2; P.L. 2003, ch. 252, § 1; P.L. 2003, ch. 304, § 1.

Applicability.

P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

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Collateral References.

Public officials or employees, applicability to, of regulations as to registration and licensing of motor vehicles. 19 A.L.R. 463; 23 A.L.R. 418.

Validity of motor vehicle registration laws applied to corporation domiciled in state but having branch trucking bases in other states. 16 A.L.R.2d 1414.

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>>>>>>> origin/main 31-3-3. Application for registration.

Every owner of a vehicle subject to registration under this chapter shall apply to the division of motor vehicles for the registration of it using the appropriate form or forms furnished by the division of motor vehicles. Every application shall bear the signature of the owner written with pen and ink and the signature shall be acknowledged by the owner before a person authorized to administer oaths and the application shall contain:

  1. The name, city or town of bona fide residence, actual residence address and mail address of the owner as appearing on the owner’s motor vehicle operator’s license or state identification card issued pursuant to the provisions of chapter 8 of title 3, or business address of the owner if a firm, association, or if a corporation, the name of the city or town in which the vehicle is physically and primarily housed. For purposes of this section “physically and primarily housed” is defined as that city or town in which the vehicle is housed for a period or periods of time greater than in any other city or town in the state of Rhode Island. The division of motor vehicles may substitute other indicators of residence when necessary.
  2. A description of the vehicle, including, insofar as this specified data may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, and the engine or other number of the vehicle. In the event a vehicle is designed, constructed, converted, or rebuilt for the transportation of property, the application shall include a statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the manufacturer of the chassis or the complete vehicle.
  3. A statement whether liability insurance is carried on the vehicle, and, if there is liability insurance, the name of the carrier, policy number, and effective dates of the policy.
  4. Any further information as may reasonably be required by the division of motor vehicles to enable it to determine whether the vehicle is lawfully entitled to registration.
  5. The exact mileage reading from the motor vehicle on the date of application.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 3; G.L. 1956, § 31-3-3 ; P.L. 1961, ch. 187, § 1; P.L. 1965, ch. 207, § 1; P.L. 1969, ch. 74, § 1; P.L. 1970, ch. 16, § 1; P.L. 1985, ch. 392, § 4; P.L. 1991, ch. 251, § 1; P.L. 1993, ch. 392, § 1; P.L. 1998, ch. 31, art. 28, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 3; G.L. 1956, § 31-3-3 ; P.L. 1961, ch. 187, § 1; P.L. 1965, ch. 207, § 1; P.L. 1969, ch. 74, § 1; P.L. 1970, ch. 16, § 1; P.L. 1985, ch. 392, § 4; P.L. 1991, ch. 251, § 1; P.L. 1993, ch. 392, § 1; P.L. 1998, ch. 31, art. 28, § 1.

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Cross References.

Certified copy of application, § 31-2-9 .

Investigation of applications, § 31-2-14 .

Collateral References.

Name used to identify owner, registration of automobile as affected by. 47 A.L.R. 1103.

Prima facie case or presumption from registration of automobile in name of, or from proof of ownership by, defendant, as applicable to question other than the master-servant relationship at time of accident. 122 A.L.R. 228.

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>>>>>>> origin/main 31-3-3.1. Notice to division of motor vehicles of vehicle lease agreement.

  1. Every owner of a vehicle subject to registration or renewal of registration under this chapter shall notify the division of motor vehicles, at the time of registration of the vehicle on the proper registration form, of any agreement to lease the registered vehicle for a period of six (6) months duration, or longer, except for those commercial motor vehicles covered under the federal motor carrier safety regulations, 49 CFR Part 390 as may be amended from time to time.
  2. The division of motor vehicles shall cause the name and address of the lessee as well as the owner of the vehicle to be entered on the division of motor vehicles records as provided in this chapter.
  3. The name and address of both the owner and lessee shall be made available by the division of motor vehicles upon a registration inquiry from any law enforcement officer, department, or agency.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 357, § 1; P.L. 1999, ch. 475, § 1; P.L. 2005, ch. 77, § 1; P.L. 2005, ch. 82, § 1.

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>>>>>>> origin/main 31-3-4. Proof of payment of sales or use tax.

Each person, before obtaining an original or transferral registration for a motor vehicle in this state, shall furnish evidence that any tax due with reference to the motor vehicle pursuant to the provisions of chapters 18 and 19 of title 44 has been paid in accordance with regulations prescribed by the tax administrator, and on any forms that are approved by the tax administrator and the state administrator of the division of motor vehicles. The administrator of the division of motor vehicles shall, upon the request of the tax administrator, and after due hearing by the tax administrator, suspend or revoke a motor vehicle registration of any person who fails to pay any tax due in connection with the sale, storage, use, or other consumption of the motor vehicle pursuant to the provisions of chapters 18 and 19.

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History of Section. P.L. 1947, ch. 1887, art. 2, § 57; P.L. 1956, ch. 3740, § 1; G.L. 1956, § 31-3-4 .

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History of Section.

P.L. 1947, ch. 1887, art. 2, § 57; P.L. 1956, ch. 3740, § 1; G.L. 1956, § 31-3-4 .

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NOTES TO DECISIONS

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Construction With Other Statutes.

Notwithstanding that the motor vehicle and trailer excise tax does impinge upon the privilege of vehicle registration, based upon its method of application it is not an excise tax, but a property tax. Cohen v. Harrington, 722 A.2d 1191, 1999 R.I. LEXIS 4 (R.I. 1999).

The motor vehicle and trailer excise tax is incidental to the ownership of the motor vehicle, as demonstrated by the fact that it is based on the value of the vehicle, and not on the extent or manner in which the vehicle is used, and registration is not revoked immediately upon nonpayment of the tax, since the tax is not specifically for the privilege of registering the vehicle. Cohen v. Harrington, 722 A.2d 1191, 1999 R.I. LEXIS 4 (R.I. 1999).

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Construction With Other Statutes.

Notwithstanding that the motor vehicle and trailer excise tax does impinge upon the privilege of vehicle registration, based upon its method of application it is not an excise tax, but a property tax. Cohen v. Harrington, 722 A.2d 1191, 1999 R.I. LEXIS 4 (R.I. 1999).

The motor vehicle and trailer excise tax is incidental to the ownership of the motor vehicle, as demonstrated by the fact that it is based on the value of the vehicle, and not on the extent or manner in which the vehicle is used, and registration is not revoked immediately upon nonpayment of the tax, since the tax is not specifically for the privilege of registering the vehicle. Cohen v. Harrington, 722 A.2d 1191, 1999 R.I. LEXIS 4 (R.I. 1999).

>>>>>>> origin/main 31-3-5. Grounds for refusal of registration.

The division of motor vehicles shall refuse registration or any transfer of registration upon any of the following grounds:

  1. That the application contains any false or fraudulent statement, or that the applicant has failed to furnish required information, or reasonable additional information requested by the division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the vehicle under chapters 3 — 9 of this title;
  2. That the vehicle is mechanically unfit or unsafe to be operated upon the highways;
  3. That the division of motor vehicles has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud against the rightful owner;
  4. That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
  5. That the vehicle has been reported by any city or town to the division of motor vehicles as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more, including any and all interest, penalties, or other monetary amount that may be imposed for failure to pay the fines by a specified date; provided, the registration shall be issued upon presentation of proof of payment of the outstanding fines, including any and all interest, penalties, or other monetary amount owed to the cities or towns reporting the unpaid fines. When the division of motor vehicles denies a registration to any person pursuant to this subsection, the city or town requesting the denial of registration shall add a five-dollar ($5.00) fee to the aggregate value of the sum of the fines and, upon payment, shall transmit the fee to the division of motor vehicles. The provisions of this subsection shall not apply to any vehicle owned by a rental company, as defined in § 31-34.1-1 ;
  6. That the vehicle does not comply with regulations promulgated pursuant to § 23-23-5(18) ;
  7. That the vehicle does not comply with the provisions of chapter 47.1 of this title and any rules and regulations promulgated under that chapter;
  8. That a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by a federal agency with authority to do so under federal law; or
  9. That the registered owner of a vehicle failed to pay the required toll amounts, administrative fees, and fines as prescribed in § 24-12-37 .
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History of Section. P.L. 1950, ch. 2595, art. 3, § 4; G.L. 1956, § 31-3-5 ; P.L. 1980, ch. 312, § 1; P.L. 1981, ch. 250, § 1; P.L. 1983, ch. 221, § 8; P.L. 1987, ch. 448, § 1; P.L. 1992, ch. 361, § 2; P.L. 1993, ch. 254, § 3; P.L. 2000, ch. 276, § 1; P.L. 2010, ch. 193, § 2; P.L. 2016, ch. 383, § 1; P.L. 2016, ch. 397, § 1; P.L. 2017, ch. 217, § 1; P.L. 2018, ch. 349, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 4; G.L. 1956, § 31-3-5 ; P.L. 1980, ch. 312, § 1; P.L. 1981, ch. 250, § 1; P.L. 1983, ch. 221, § 8; P.L. 1987, ch. 448, § 1; P.L. 1992, ch. 361, § 2; P.L. 1993, ch. 254, § 3; P.L. 2000, ch. 276, § 1; P.L. 2010, ch. 193, § 2; P.L. 2016, ch. 383, § 1; P.L. 2016, ch. 397, § 1; P.L. 2017, ch. 217, § 1; P.L. 2018, ch. 349, § 1.

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Compiler’s Notes.

P.L. 2016, ch. 383, § 1, and P.L. 2016, ch. 397, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2017, ch. 217, § 2, provides that the amendment to this section by that act takes effect on July 1, 2018.

P.L. 2018, ch. 349, § 2 provides that the amendment to this section by that act takes effect on April 1, 2019.

Cross References.

Cancelation of registration of rental vehicle for failure to prove financial responsibility, § 31-34-5 .

Failure to return registration after suspension under safety responsibility law, § 31-33-2 .

Proof of financial responsibility required prior to renewal of registration after suspension, § 31-32-5 .

Suspension of license and privileges for failure to post security after accident, 31-31-15 .

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>>>>>>> origin/main 31-3-5.1. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1964, ch. 163, § 1; Repealed by P.L. 1978, ch. 341, § 1.

Compiler’s Notes.

Former § 31-3-5.1 concerned grounds for refusal of license.

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>>>>>>> origin/main 31-3-6. List of vehicles on which taxes delinquent — Denial of registration.

  1. On or before October 31 in each year, the collector of taxes of each city or town shall furnish the division of motor vehicles, with a listing showing the registration plate numbers, names, and addresses of the taxpayers of the city or town whose personal property and/or excise tax on motor vehicles, the assessment of which were made the prior December 31 in the case of the property tax, and the tax levied in the current year in the case of the excise tax, remained unpaid as of the date of the list. Subsequently, the collector of taxes in each city or town shall, at the times and in the manner prescribed by the administrator of the division of motor vehicles, furnish to the division of motor vehicles the names and addresses of those persons whose names appeared on that list who have subsequently paid the personal property, and/or excise taxes on motor vehicles, and the division shall remove from the list the names and addresses of those persons. No city or town treasurer or tax collector shall refuse to accept personal property, and/or excise taxes on a motor vehicle, or refuse to remove the names and addresses of the owners of the vehicle from the list because of any other taxes owing the city or town. No person, corporation, partnership, joint stock company, or association whose name appears on the list and whose name has not been subsequently removed from the list shall be permitted to register any motor vehicle until all the excise and attendant penalties have been paid in full and the payment has been certified to the division of motor vehicles by the tax collector. The provisions of this section shall not be construed so as to prevent the payment of taxes on motor vehicles in quarterly installments as provided in chapter 5 of title 44. The provisions of this section shall apply in all respects in the case of taxes assessed upon motor vehicles by any fire district.
  2. The division of motor vehicles (the “division”) shall provide a written notice to those persons or other taxpayers (the “person”) whose name appears on the list generated in accordance with the provisions of subsection (a). This notice shall include:
    1. The name of the municipality or other entity providing the person’s name to the division; and
    2. A statement that the person identified on the list shall not be permitted to register any motor vehicle until the tax matter has been resolved and the person’s name is removed from the list as provided for under subsection (a).
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History of Section. P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1956, ch. 3714, § 1; P.L. 1956, ch. 3714, § 3; G.L. 1956, § 31-3-6 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 6; P.L. 1979, ch. 379, § 2; P.L. 1988, ch. 84, § 61; P.L. 2018, ch. 175, § 1; P.L. 2018, ch. 293, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1956, ch. 3714, § 1; P.L. 1956, ch. 3714, § 3; G.L. 1956, § 31-3-6 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 6; P.L. 1979, ch. 379, § 2; P.L. 1988, ch. 84, § 61; P.L. 2018, ch. 175, § 1; P.L. 2018, ch. 293, § 1.

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Compiler’s Notes.

P.L. 2018, ch. 175, § 1, and P.L. 2018, ch. 293, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 175, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 293, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

Cross References.

Listing of vehicles on assessment rolls, § 44-34-3 .

Motor Vehicle and Trailer Excise Tax Elimination Act, § 44-34.1-1 et seq.

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>>>>>>> origin/main 31-3-6.1. List of vehicles and licenses on which taxes delinquent — Denial of renewal of registration and licenses.

  1. The administrator/division of motor vehicles shall furnish to the Tax Administrator a listing showing the names, addresses and social security numbers of persons whose operator’s license and/or motor vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the renewal date the tax administrator determines that any person seeking to renew his/her operator’s license and/or registration has neglected or refused to file any tax returns or to pay any tax administered by the tax administrator and that such tax matter is not pending administrative or appellate review, the tax administrator shall send a written notice to such person informing him/her of the tax administrator’s intention to inform the division of motor vehicles not to renew the person’s operator license and/or motor vehicle registration and of the procedures available to the person to contest that determination.
  2. Within twenty-one (21) days from the date of such notice, the licensee or registrant may request, in writing, a conference with the tax administrator or his/her designee, in order to show proof of payment of all taxes or for the purpose of entering into a time payment agreement for the delinquent taxes satisfactory to the tax administrator.
  3. If upon the expiration of twenty-one (21) days from the date of the notice to the licensee or registrant or, if a conference has been requested, after a conference has been held, the licensee or registrant has not demonstrated to the satisfaction of the tax administrator that he/she has filed all required returns and paid all required taxes, or that the licensee or registrant has not entered into time payment arrangement satisfactory to the tax administrator, the tax administrator shall notify the administrator/division of motor vehicles that the licensee or registrant is delinquent in filing tax returns and/or remitting taxes due. The tax administrator shall send a copy of the notification to the licensee or registrant.
  4. The administrator/division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof until all state taxes, interest and attendant penalties have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the tax administrator.
  5. If the licensee thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of a licensee’s request, provide the appropriate agency or authority the certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the agency or authority shall reinstate, reissue, renew or otherwise extend the licensee’s license.
  6. Payment of tax not an admission.  If the licensee or registrant files an overdue return and/or remits past due taxes in order to apply for or renew a license or registration, said late filing and/or payment shall not be an admission of a violation of any criminal tax statute regarding late filing and/or late payment. The tax administrator shall not refer such person to the Attorney General for prosecution based solely upon said late filing and/or payment of past due taxes.
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>>>>>>> origin/main History of Section. P.L. 2004, ch. 595, art. 39, § 2.

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>>>>>>> origin/main 31-3-6.1.1. Denial of registration — Denial of transfer of registration — Failure to file tax returns and/or pay taxes.

  1. On or before October 31 in each year and at least quarterly thereafter, the tax administrator shall furnish the division of motor vehicles, with a list of the names, addresses and social security numbers of persons who have neglected or refused to file a tax return(s) and/or to pay any tax administered by the tax administrator and that there is no administrative or appellate review pending regarding such tax matter.
  2. Thereafter, the tax administrator, at the times and in the manner mutually agreed to by the tax administrator and the administrator of the division of motor vehicles, shall furnish to the division of motor vehicles the names, addresses and social security numbers of those persons whose names appear on that list but who have subsequently filed all required returns and paid all required taxes, interest and attendant penalties in full or entered into a time payment agreement satisfactory to the tax administrator. Upon receipt of said information, said names, addresses and social security numbers of said persons shall be removed from the list.
  3. The administrator of the division of motor vehicles shall not register any motor vehicle or transfer the registration of any motor vehicle for any person whose name appears on a list provided by the tax administrator pursuant to subsection (a) above until all state taxes, interest and attendant penalties have been paid in full and the payment has been certified to the division of motor vehicles by the tax administrator.
  4. If the person thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of the person’s request, provide the division of motor vehicles with a certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the division of motor vehicles shall register or transfer the person’s registration.
  5. If a person files an overdue return and/or remits past due taxes in order to register a motor vehicle or transfer the registration of a motor vehicle, said late filing and/or payment shall not be an admission of a violation of any criminal tax statute regarding late filing and/or late payment. The tax administrator shall not refer such person to the attorney general for prosecution based solely upon said late filing and/or payment of past due taxes.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 145, art. 12, § 1.

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>>>>>>> origin/main 31-3-6.2. List of vehicles and licenses on which court costs owed delinquent — Denial of renewal of registration and licenses.

  1. The administrator/division of motor vehicles shall furnish to the State Court Administrator a listing showing the names, addresses and social security numbers of persons whose operator’s license and/or motor vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the renewal date the state court administrator determines that any person seeking to renew his/her operator’s license and/or registration has neglected or refused to pay any cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed, as such terms are defined in § 44-30.1-1 , the state court administrator shall send a written notice to such person informing him/her of the state court administrator’s intention to inform the division of motor vehicles not to renew the person’s operator license and/or motor vehicle registration and of the procedures available to the person to contest the determination. For the purposes of this section, the terms cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed by a debtor as defined in § 44-30.1-1 , are referred to as “costs owed”.
  2. Within twenty-one (21) days from the date of such notice, the licensee or registrant may request, in writing, a conference with the state court administrator or his/her designee, in order to show proof of payment of all costs owed or for the purpose of entering into a time payment agreement for the delinquent costs owed satisfactory to the state court administrator.
  3. If upon the expiration of twenty-one (21) days from the date of the notice to the licensee or registrant or, if a conference has been requested, after a conference has been held, the licensee or registrant has not demonstrated to the satisfaction of the state court administrator that he/she has paid all required costs owed or that the licensee or registrant has not entered into time payment arrangement satisfactory to the state court administrator, the state court administrator shall notify the administrator/division of motor vehicles that the licensee or registrant is delinquent in paying costs owed. The state court administrator shall send a copy of the notification to the licensee or registrant.
  4. The administrator/division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof until all costs owed have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the state court administrator.
  5. If the licensee thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of a licensee’s request, provide the appropriate agency or authority the certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the agency or authority shall reinstate, reissue, renew or otherwise extend the licensee’s license.
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>>>>>>> origin/main History of Section. P.L. 2004, ch. 595, art. 39, § 3; P.L. 2006, ch. 246, art. 23, § 1.

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>>>>>>> origin/main 31-3-6.3. Unpaid out-of-state toll amounts, administrative fees, and fines — Denial of registration — Denial of transfer of registration — Denial of renewal of registration and licenses.

  1. Upon receipt of a request from another state or other entity with similar tolling authority with which the Rhode Island turnpike and bridge authority has entered into an agreement providing for the reciprocal treatment of out-of-state toll violators to take action against a toll violator, the Rhode Island turnpike and bridge authority shall conduct an independent review of each toll violation that forms the basis for such request, which shall include a review of photographic, video, or other visual evidence, to determine that the requesting state or other entity with similar tolling authority imposed any toll amounts, administrative fees, and/or fines against the actual registered owner of the motor vehicle.
  2. As part of its independent review, the Rhode Island turnpike and bridge authority shall provide written notice to the registered owner of the motor vehicle in question. The registered owner shall have ten (10) days from the date on the written notice to contact the Rhode Island turnpike and bridge authority and to provide information, documentation, and any other evidence contesting the requested action against the out-of-state toll violator. Thereafter, the Rhode Island turnpike and bridge authority shall consider all of the information, documentation, and any other evidence provided as part of its independent review.
  3. If after its independent review the Rhode Island turnpike and bridge authority is satisfied that any toll amounts, administrative fees, and/or fines are properly imposed against the actual registered owner of the motor vehicle and the registered owner could be subject to reporting to the division of motor vehicles pursuant to § 24-12-37 if such toll violations had occurred on tolled projects in this state, the Rhode Island turnpike and bridge authority may report the registered owner to the division of motor vehicles.
  4. The division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof; register any motor vehicle; or transfer the registration of any motor vehicle of any person reported to it pursuant to subsection (c) of this section until any toll amounts, administrative fees, and/or fines owed to the other state or other entity with similar tolling authority have been paid in full or the person has entered into, and is in current compliance with, a repayment agreement with respect to any amounts owed. The Rhode Island turnpike and bridge authority shall provide a copy of any notification received from the other state or other entity with similar tolling authority regarding full payment of amounts owed or the existence of a repayment agreement to the division of motor vehicles within five (5) business days of receipt. Within five (5) business days of receiving such notification, the division of motor vehicles shall renew the person’s license and renew, transfer, or issue the person’s registration.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 336, § 1; P.L. 2017, ch. 340, § 1.

Compiler’s Notes.

P.L. 2017, ch. 336, § 1, and P.L. 2017, ch. 340, § 1 enacted identical versions of this section.

Effective Dates.

P.L. 2017, ch. 336, § 2, provides that this section takes effect on April 1, 2018.

P.L. 2017, ch. 340, § 2, provides that this section takes effect on April 1, 2018.

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>>>>>>> origin/main 31-3-7. Registration — Indexing of records.

The division of motor vehicles shall file each application received and when satisfied as to its genuineness and regularity, and that the applicant is entitled to register the vehicle, shall register the vehicle and keep a record of it in suitable books or on index cards as follows:

  1. Under a distinctive regulation number assigned to the vehicle;
  2. Alphabetically, under the name of the owner;
  3. Under the motor number if available, otherwise any other identifying number of the vehicle; and
  4. In the discretion of the division of motor vehicles, in any other manner it may deem desirable.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 5; G.L. 1956, § 31-3-7 ; P.L. 2010, ch. 239, § 26.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 5; G.L. 1956, § 31-3-7 ; P.L. 2010, ch. 239, § 26.

>>>>>>> origin/main

Cross References.

Certified copy of registration, § 31-2-9 .

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>>>>>>> origin/main 31-3-8. Registration card — Contents.

The division of motor vehicles, upon registering a vehicle, shall issue a registration card. The registration card shall be delivered to the owner and shall contain upon the its face, the date issued, the name and address of the owner, the registration number assigned to the vehicle, and such description of the vehicle as determined by the administrator of the division of motor vehicles, and, upon its reverse side, a form for endorsement of notice to the division of motor vehicles upon transfer of the vehicle.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 6; G.L. 1956, § 31-3-8 .

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 6; G.L. 1956, § 31-3-8 .

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Cross References.

Authorized weight shown in registration card, § 31-25-16 .

Collateral References.

Certificates of title as prerequisite of recovery for injury of motor vehicle. 7 A.L.R.2d 1349.

Motor vehicle certificate of title or similar document as, in hands of one other than legal owner, indicia of ownership justifying reliance by subsequent purchaser or mortgagee without actual notice of other interests. 18 A.L.R.2d 813.

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>>>>>>> origin/main 31-3-9. Registration card carried in vehicle.

  1. Every registration card shall at all times be carried in the vehicle to which it refers, or shall be carried by the person driving or in control of such vehicle who shall display it upon demand of a proper officer.
  2. The provisions of this section requiring that a registration card be carried in the vehicle to which it refers or by the person driving the vehicle shall not apply to vehicles bearing dealer or bailee registration plates, or when the card is used for the purpose of making a transfer of registration of the vehicle.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 7; G.L. 1956, § 31-3-9 .

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 7; G.L. 1956, § 31-3-9 .

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NOTES TO DECISIONS

Complaint.

Contention of defendant that the complaint was defective in that it did not directly charge whether the vehicle was registered but leaves that to be implied, was not sustained in that, since only a misdemeanor not a felony was charged, it was unnecessary to expressly allege actual registration of the car in order to apprise defendant fairly and fully of the offense with which he is charged. State v. Campbell, 96 R.I. 72 , 189 A.2d 342, 1963 R.I. LEXIS 49 (1963).

Defendant contended that the complaint is duplicitous because the statute being in the disjunctive, a violation thereof must be charged in the conjunctive, but the defendant’s contention was rejected as the averments of the complaint were properly couched in the disjunctive since the statute in question created but one offense and not several distinct offenses. State v. Campbell, 96 R.I. 72 , 189 A.2d 342, 1963 R.I. LEXIS 49 (1963).

Evidence.

Where defendant, who was charged with violation of this section in that in response to demand for his registration card looked in billfold and in car glove compartment but did not produce it and said he did not have either his registration card or his operator’s license and that both were at home, on appeal of conviction of violation of § 31-10-25 had such conviction upheld, the court finding the evidence properly admitted and sufficient to support decision of lower court; since defendant was tried on both complaints together the supreme court cannot say that the evidence supporting his conviction was clearly wrong. State v. Campbell, 96 R.I. 72 , 189 A.2d 342, 1963 R.I. LEXIS 49 (1963).

Registration Check.

It is completely within an officer’s power to stop a car for a registration check. State v. Rattenni, 117 R.I. 221 , 366 A.2d 539, 1976 R.I. LEXIS 1615 (1976).

Collateral References.

Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator’s license or the vehicle registration certificate. 6 A.L.R.3d 506.

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>>>>>>> origin/main 31-3-10. Issuance of registration plates.

The division of motor vehicles, upon registering a vehicle, shall issue to the owner one fully reflective registration plate for each motorcycle, trailer, semi-trailer, in-transit vehicle, transporter, bailee vehicle, or a dealer vehicle and two (2) fully reflective registration plates for every other motor vehicle. Application for and issuance of so-called commercial registration plates shall be provided at all offices maintained by the administrator of the division of motor vehicles under § 31-2-6 .

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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-10 ; P.L. 1970, ch. 108, § 1; P.L. 1982, ch. 179, § 1; P.L. 1995, ch. 135, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-10 ; P.L. 1970, ch. 108, § 1; P.L. 1982, ch. 179, § 1; P.L. 1995, ch. 135, § 1.

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Cross References.

Certificates and tags issued to persons immune from parking meter fees, § 31-28-7 .

Interstate freight carriers, distinguishing plates, § 39-12-22 .

Jitney markers, § 39-13-12 .

Live poultry vehicles, § 4-10-10 et seq.

Motor freight carriers, distinguishing plates, § 39-12-26 .

Motor vehicle plates for people who are disabled, § 31-28-7.1 .

Collateral References.

Criterion of value of license plates for purpose of fixing degree of larceny of. 48 A.L.R. 1167.

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>>>>>>> origin/main 31-3-11. Contents of registration plate.

  1. Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of the state of Rhode Island, which may be abbreviated “R.I.”, and the year number for which it is issued or the date of its expiration. Registration plates shall also have printed on them the words, “ocean state”.
  2. The provision requiring the printing of the words “ocean state” on these plates shall not pertain to commercial plates or to plates issued to recipients of the Purple Heart.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-11 ; P.L. 1971, ch. 190, § 1; P.L. 1987, ch. 345, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-11 ; P.L. 1971, ch. 190, § 1; P.L. 1987, ch. 345, § 1.

>>>>>>> origin/main 31-3-11.1. Permanent registration and plates.

  1. Every vehicle owned by the state of Rhode Island and any fire apparatus for which no fee is assessed shall be issued permanent registration and registration plates. The permanent registration and plates shall remain on the vehicles to which they are assigned without expiration until the vehicle is replaced or disposed of.
  2. This section does not apply to certain vehicles owned by state law enforcement agencies.
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>>>>>>> origin/main History of Section. P.L. 1982, ch. 39, § 1.

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>>>>>>> origin/main 31-3-12. Visibility of plates.

Each registration plate and the required letters and numerals on it, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet (100´) during daylight. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-12 ; P.L. 2002, ch. 292, § 103.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-12 ; P.L. 2002, ch. 292, § 103.

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Cross References.

Illumination of rear registration plate, § 31-24-9 .

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>>>>>>> origin/main 31-3-13. Plates for rental or leased vehicles.

The division of motor vehicles shall issue for every passenger motor vehicle rented or leased without a driver, the same type of registration plates as the type of plates issued for private passenger vehicles. However, if the renter or lessee uses his or her own registration plate on the rented or leased vehicle, that registration plate shall be promptly returned to him or her upon termination of the rental or lease agreement. Should the registration plate not be returned, the division of motor vehicles may be notified by the renter or lessor and the registration shall be cancelled by the division of motor vehicles and the registration plate shall be reissued to the person who rented or leased the motor vehicle.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-13 ; P.L. 1986, ch. 223, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-13 ; P.L. 1986, ch. 223, § 1.

>>>>>>> origin/main

Collateral References.

“Drive it yourself” cars, statutes or ordinances as to licensing of. 7 A.L.R.2d 456; 60 A.L.R.4th 784.

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>>>>>>> origin/main 31-3-14. Bailee and in transit plates.

  1. Bailee plates.  The division of motor vehicles shall issue plates designated as “bailee plates” to garages, automobile repairers, or any person in the business requiring repossession of motor vehicles, trailers, or semitrailers.
  2. In transit plates.  The division of motor vehicles shall issue plates designated as “in transit” plates for use on special mobile equipment.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-14 ; P.L. 1959, ch. 123, § 2.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-14 ; P.L. 1959, ch. 123, § 2.

>>>>>>> origin/main

NOTES TO DECISIONS

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Use Restricted.

The issuance of in-transit plates by the registry creates no authority to use them for any purpose or on any vehicle other than that specifically provided by statute. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

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Use Restricted.

The issuance of in-transit plates by the registry creates no authority to use them for any purpose or on any vehicle other than that specifically provided by statute. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

>>>>>>> origin/main 31-3-15. Special plates for state officers and mayors.

  1. The administrator of the division of motor vehicles has the right to issue a special registration plate for the use of the governor, the lieutenant governor, the secretary of state, the attorney general, the state treasurer, the president pro tem of the senate, the speaker of the house, and mayors of Rhode Island cities. The plates will be furnished without additional cost. If mayors of Rhode Island cities choose to use city motor vehicle registration plates, the mayors may place on the plates the official seals of the respective city in a manner that does not obstruct the numbering or lettering.
  2. The administrator of the division of motor vehicles is authorized and directed to issue, in addition to a regular registration plate, a special registration plate for the private passenger motor vehicle of each former speaker of the house of representatives, each former majority and minority leader of the house of representatives, and of each former majority and minority leader of the senate and president of the senate. Each of these plates is to bear the identification “house speaker emeritus”, “house majority leader emeritus”, “house minority leader emeritus”, “senate majority leader emeritus”, “senate minority leader emeritus”, or “senate president emeritus” with a seal of the state imprinted on the plate and shall be financed without additional registration charge for a period of time as each former speaker and senate majority leader and president of the senate desires.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-15 ; P.L. 1974, ch. 208, § 1; P.L. 1996, ch. 430, § 1; P.L. 1999, ch. 350, § 1; P.L. 2001, ch. 180, § 65; P.L. 2006, ch. 310, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-15 ; P.L. 1974, ch. 208, § 1; P.L. 1996, ch. 430, § 1; P.L. 1999, ch. 350, § 1; P.L. 2001, ch. 180, § 65; P.L. 2006, ch. 310, § 1.

>>>>>>> origin/main 31-3-16. General assembly plates.

  1. The administrator of the division of motor vehicles is directed to make available to each duly elected member of the senate and of the house of representatives of the general assembly of the state of Rhode Island, so long as the member is serving during the term for which he or she has been elected as a member of the general assembly and no longer, two (2) special motor vehicle registration plates carrying on the first plate as a courtesy the word “senate” in the case of the senate, and the word “house” in the case of the house of representatives. On the second set of plates, in addition to the wording above, the letter “a” denoting auxiliary shall be placed on the plates. The plates are to have special identifying numbers corresponding to the number of the senatorial or representative district from which the member was elected.
  2. The special motor vehicle registration plates shall carry thereon the design and the seal of the state of Rhode Island and shall be designed, sold, and attached to the motor vehicle without cost to the state.
  3. Each member of any general assembly, at the expiration of his or her term as member, unless reelected, may retain the special motor vehicle registration plates in his or her own keeping, provided he or she does not display the plates upon any motor vehicle or any other form of transportation owned or operated by the member.
  4. Any violation of the provisions of subsection (c) of this section shall be deemed a civil violation, and any person displaying a special motor vehicle registration plate upon any vehicle shall, upon conviction, be fined ten dollars ($10.00) for each offense.
  5. The administrator of the division of motor vehicles shall reserve for the future use of each member of the general assembly the private registration plates which he or she turns into the division of motor vehicles in return for legislator’s plates. The administrator of the division of motor vehicles shall annually, during the month of January, submit a written notice to each member of the general assembly notifying him or her of the private registration plates which are being reserved for his or her future use. The notice shall indicate the registration plate designation and the legislator for which it is being reserved.
  6. In a state of emergency, any member of the general assembly driving a vehicle bearing a special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; P.L. 1951, ch. 2826, § 7; G.L. 1956, § 31-3-16 ; P.L. 1967, ch. 6, § 1; P.L. 1969, ch. 13, § 1; P.L. 1978, ch. 381, § 1; P.L. 1987, ch. 310, § 1; P.L. 1999, ch. 218, art. 6, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; P.L. 1951, ch. 2826, § 7; G.L. 1956, § 31-3-16 ; P.L. 1967, ch. 6, § 1; P.L. 1969, ch. 13, § 1; P.L. 1978, ch. 381, § 1; P.L. 1987, ch. 310, § 1; P.L. 1999, ch. 218, art. 6, § 1.

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Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” twice in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

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>>>>>>> origin/main 31-3-17. Volunteer fire company plates.

  1. The administrator of the division of motor vehicles shall, upon approved application, issue annually to any member of any duly incorporated volunteer fire company in this state, so long as he or she remains a member of the volunteer fire company, a special identifying number plate which shall be attached to the motor vehicle of the member of the volunteer fire company in conjunction with the regular number plates assigned to the member of the fire company at the time of the registration of the vehicle. There shall be a one time charge of ten dollars ($10.00) for these special number plates, of which five dollars ($5.00) shall be deposited to the division of motor vehicles manufacturing account. The member of the volunteer fire company shall attach and display the special identifying number plate in accordance with such rules and regulations as the administrator of the division of motor vehicles shall promulgate.
  2. The design of the plates shall be provided by the Rhode Island Association of Fire Chiefs, and shall be approved by the administrator of the division of motor vehicles.
  3. Every plate issued shall bear an individual number to identify the vehicle to which it is attached. The administrator of the division of motor vehicles is empowered to promulgate any rules and regulations that are required in determining the manner by which the individual numbers will be selected and issued.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-17 ; P.L. 1992, ch. 38, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-17 ; P.L. 1992, ch. 38, § 1.

>>>>>>> origin/main 31-3-17.1. Courtesy plates.

  1. The administrator of the division of motor vehicles shall design and issue under regulations that he or she deems appropriate, special courtesy automobile, motorcycle, and commercial registration plates to be used on passenger motor vehicles, motorcycles, and all commercial vehicles whose gross weight is not more than nine thousand pounds (9,000 lbs.) in lieu of other number plates. Special plates shall be of such design and shall bear such letters or combinations of letters and numbers as the administrator of the division of motor vehicles shall prescribe, and shall be made of light-reflecting sheeting applied on a metal base, provided that no automobile set of plates shall contain more than six (6) letters and numbers in a combination of letters and numbers, or less than two (2) letters, and that no motorcycle plate shall contain more than five (5) letters or more than five (5) letters and numbers in a combination or less than two (2) letters, and that a commercial courtesy plate shall be marked “commercial,” and shall contain no more than six (6) letters or more than six (6) letters and numbers in a combination or less than two (2) letters, and provided further, that there shall be no duplication of identification and the administrator of the division of motor vehicles shall, in his or her discretion, refuse to issue any letter or combination of letters and numbers that might carry connotations offensive to good taste and decency. A special automobile or commercial courtesy plate shall be issued upon application using forms furnished by the administrator of the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of sixty dollars ($60.00) for each issue and for each registration renewal. For motorcycles, a special courtesy plate shall be issued upon application using forms furnished by the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of thirty-four dollars ($34.00) for each issue and for each registration renewal. The service charge shall be paid to the administrator of the division of motor vehicles prior to the administrator’s acceptance of the application. The Rhode Island state lottery commission shall not be required to pay the service charge for any special courtesy plate issued pursuant to this section for motor vehicles owned or used by the lottery commission, and may utilize the special courtesy plates on all types of vehicles owned or operated by the lottery commission.
  2. For any vehicle that is registered in accordance with § 31-1-3(a) , the division of motor vehicles may also issue or approve, subject to rules and regulations that may be promulgated by the administrator, a courtesy registration plate in accordance with the provisions of this section.
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>>>>>>> origin/main History of Section. P.L. 1961, ch. 79, § 1; P.L. 1963, ch. 133, § 1; P.L. 1967, ch. 63, § 1; P.L. 1968, ch. 97, § 1; P.L. 1968, ch. 101, § 1; P.L. 1969, ch. 2, § 1; P.L. 1975, ch. 301, § 1; P.L. 1976, ch. 214, § 1; P.L. 1979, ch. 250, § 1; P.L. 1981, ch. 338, § 1; P.L. 1990, ch. 10, art. 3, § 1; P.L. 1995, ch. 73, § 1; P.L. 1999, ch. 305, § 1; P.L. 2004, ch. 559, § 1; P.L. 2007, ch. 73, art. 7, § 11; P.L. 2012, ch. 47, § 1; P.L. 2012, ch. 53, § 1; P.L. 2018, ch. 134, § 1; P.L. 2018, ch. 249, § 1.

Compiler’s Notes.

P.L. 2012, ch. 47, § 1, and P.L. 2012, ch. 53, § 1 enacted identical amendments to this section.

This section was amended by two acts (P.L. 2018, ch. 134, § 1, and P.L. 2018, ch. 249, § 1) passed by the General Assembly on June 23, 2018. The amendments are the same except that P.L. 2018, ch. 134 is effective January 1, 2019, while P.L. 2018, ch. 249 is effective April 1, 2019.

Effective Dates.

P.L. 2018, ch. 134, § 2 provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 249, § 2 provides that the amendment to this section by that act takes effect on April 1, 2019.

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>>>>>>> origin/main 31-3-17.2. Civil defense plates.

The administrator of the division of motor vehicles may issue to the civil defense preparedness director of each city and town, for as long as such person remains a civil defense preparedness director, a special identifying number plate in place of any regular number plate assigned to each director at the time of the registration of a motor vehicle. The number shall be in numerical sequence preceded by the words “civil defense” or some similar appropriate designation, and the numbers shall be issued to the directors in alphabetical order according to the names of their respective city or town.

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>>>>>>> origin/main History of Section. P.L. 1964, ch. 212, § 1.

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>>>>>>> origin/main 31-3-17.3. Temporary plates.

  1. The administrator of motor vehicles may design and issue, under such regulations as he or she shall deem appropriate, temporary registration plates. Any vehicle issued a temporary plate may be operated on the public highways for a period of five (5) days from the date of issuance.
  2. The administrator of motor vehicles shall design and issue, under such regulations as he or she shall deem appropriate, temporary registration plates to be issued by horse trailer dealers for the use on horse trailers. Any horse trailer issued a temporary plate may be operated on the public highways for a period of twenty (20) days from the date of issuance.
  3. Temporary plates shall be issued at a charge of ten dollars ($10.00) per plate.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 285, § 1; P.L. 1993, ch. 138, art. 29, § 2; P.L. 1995, ch. 328, § 1; P.L. 1996, ch. 178, § 1; P.L. 1998, ch. 296, § 1; P.L. 2004, ch. 113, § 1; P.L. 2004, ch. 122, § 1.

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>>>>>>> origin/main 31-3-17.4. Firefighter plates.

  1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active firefighters and retired firefighters a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile, or commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less, or vehicle eligible for a combination registration plate, pursuant to § 31-3-64 .
  2. The special motor vehicle registration plate shall carry on it the designation “Firefighter” and a Maltese cross with the design provided by the Rhode Island Association of Fire Chiefs.
  3. The administrator of the division of motor vehicles shall issue the plate upon payment of a service charge of twenty-five dollars ($25.00) and a transfer charge of five dollars ($5.00) for the plate, of which fifteen dollars ($15.00) shall be deposited to the division of motor vehicles manufacturing account.
  4. For the purpose of this section, an active or retired member of any fire department shall be defined as any person certified by the chief of the fire department as currently a member of said department with at least one year active service or retired under honorable condition as a firefighter.
  5. In a state of emergency, any active member of a fire department driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by the state or municipal authority in accordance with their official duties.
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>>>>>>> origin/main History of Section. P.L. 2004, ch. 605, § 1; P.L. 2005, ch. 188, § 1; P.L. 2005, ch. 220, § 1; P.L. 2016, ch. 378, § 1; P.L. 2016, ch. 394, § 1.

Compiler’s Notes.

P.L. 2016, ch. 378, § 1, and P.L. 2016, ch. 394, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-18. Display of plates — Penalties.

  1. Registration plates issued for a motor vehicle other than a motorcycle, trailer, transporter vehicle, in-transit vehicle, or a bailee engaged in a business as defined in § 31-1-17(a) , or other than a motor vehicle owned by a duly authorized dealer in motor vehicles and which is used in the dealer’s business shall be attached thereto one in the front and the other in the rear. The registration plate issued for a motorcycle, trailer, bailee, or a dealer’s motor vehicle as defined in this subsection shall be attached to the rear of the vehicle.
  2. Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate; in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
  3. Penalties.  Any person who shall violate the provisions of this section shall be guilty of a violation and subject to a fine as enumerated in § 31-41.1-4 .
  4. All vehicles registered as passenger, commercial, trailer, motorcycle, suburban, farm, combination, taxi, radio operator, camper, public, racer tow, jitney, and antique must have displayed on them the registration plate(s) as described in § 31-3-11 . This subsection does not apply to those registrants in possession of an alternative design plate as described in § 31-3-60 or any other specially authorized plate described in this chapter.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 9, G.L. 1956, § 31-3-18 ; P.L. 1968, ch. 103, § 1; P.L. 1970, ch. 108, § 2; P.L. 1978, ch. 386, § 1; P.L. 1987, ch. 165, § 1; P.L. 1997, ch. 45, § 1; P.L. 2000, ch. 109, § 56; P.L. 2006, ch. 216, § 7; P.L. 2008, ch. 100, art. 12, § 5; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1.

Applicability.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 9, G.L. 1956, § 31-3-18 ; P.L. 1968, ch. 103, § 1; P.L. 1970, ch. 108, § 2; P.L. 1978, ch. 386, § 1; P.L. 1987, ch. 165, § 1; P.L. 1997, ch. 45, § 1; P.L. 2000, ch. 109, § 56; P.L. 2006, ch. 216, § 7; P.L. 2008, ch. 100, art. 12, § 5; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1.

Applicability.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

>>>>>>> origin/main 31-3-19. Registration of race cars.

The administrator of the division of motor vehicles is authorized to issue a special registration certificate and marker for any motor vehicle constructed to be used for racing, and that must be towed over the public highways to and from such places where those vehicles are to be raced; however, these motor vehicles shall be equipped with adequate brakes and a rear light that shows a red light to the rear and also provides a source of white light to illuminate the rear number plate or marker. The fee for this registration shall be fifteen dollars ($15.00), and the registration shall expire March 31st following the date of issue. The registration plate or marker issued for this motor vehicle shall, in addition to the number assigned, bear a symbol to indicate that the vehicle is to be towed while on the public highways.

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History of Section. P.L. 1949, ch. 2299, § 1; G.L. 1956, § 31-3-19 ; P.L. 1960, ch. 75, § 4.

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History of Section.

P.L. 1949, ch. 2299, § 1; G.L. 1956, § 31-3-19 ; P.L. 1960, ch. 75, § 4.

>>>>>>> origin/main 31-3-20. Operation with manufacturer’s or dealer’s plates.

  1. A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this chapter, or any bona fide employee of a manufacturer or dealer, or any other appropriate persons as defined by this chapter, or by regulations issued pursuant to this chapter, may operate or move the vehicle upon the highways for any purpose without registering the vehicle upon condition that the vehicle has displayed on it, in the manner prescribed in § 31-3-18 , a special plate issued to the owner as provided in §§ 31-3-23 — 31-3-25 .
  2. Any manufacturer or dealer may loan a motor vehicle, the special plates, or both to any person for the purpose of demonstration of a motor vehicle, when a motor vehicle owned by the person is undergoing repairs, or when the person has purchased a motor vehicle the registration of which by him or her is pending, and in any case for not more than twenty (20) days in any year, provided the person operating the loaned motor vehicle or a motor vehicle bearing such loaned number plate shall furnish proof to the dealer or manufacturer that he or she has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned vehicle for which the operator would have been liable if he or she had also been the owner. This proof of insurance shall be set forth on a form to be obtained from the division of motor vehicles and the form shall be subject to any conditions that the division of motor vehicles may impose; provided that, in the event the person loaned the vehicle does not have an insurance policy in effect, then any liability or property damage shall be covered by the dealer’s insurance policy.
  3. Any manufacturer or dealer may also loan a motor vehicle, under the circumstances outlined in this section, and the vehicle may be affixed plates belonging to the person operating the loaned motor vehicle when the number plates would be of the same classification. The dealer may issue a temporary certificate of registration of the vehicle and the vehicle may be operated upon the public highways under this certificate for a period of twenty (20) days from the date of issuance. The certificate shall be issued on a form obtained from the division of motor vehicles and shall be issued under any conditions that the division of motor vehicles may impose. The certificate shall be carried in the vehicle for which it is issued and the operator or person in control of the vehicle shall display the certificate for examination upon demand of any proper officer. Any damage to any person or property caused by the operation of the loaned vehicle shall be the responsibility of the operator or person in control of the vehicle and the dealer or manufacturer shall be in no way liable for it.
  4. Every manufacturer or dealer shall keep a record of each loaned vehicle or number plate showing the date loaned, date returned, and the name and operator’s license number of the person operating any loaned vehicle or vehicle with the loaned number plates. This record shall be available during business hours for examination by any police officer or inspector designated by the administrator of the division of motor vehicles. Any licensed dealer or manufacturer may operate or cause to be operated by a bona fide employee a motor vehicle for his or her personal use and for use in connection with his or her business as a dealer or repairer for any length of time, provided that the dealer’s insurance policy shall at all times cover the motor vehicle while in use by the employee.
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History of Section. P.L. 1951, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-20 ; P.L. 1964, ch. 164, § 1; P.L. 1968, ch. 103, § 2; P.L. 1984, ch. 437, § 2.

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History of Section.

P.L. 1951, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-20 ; P.L. 1964, ch. 164, § 1; P.L. 1968, ch. 103, § 2; P.L. 1984, ch. 437, § 2.

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NOTES TO DECISIONS

In General.

This section does not exempt dealers from registration but rather was intended by the legislature to provide for comprehensive registration under which dealers may lawfully register vehicles owned by them for operation on highway by simply attaching the special plates bearing their distinguishing number for the purpose of avoiding the burden of individual registration. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

Exemption From Liability.

When the dealer has satisfied the requirements set forth in subsection (c) he is entitled to full exemption from liability under this section. Finck v. Aetna Casualty & Sur. Co., 432 A.2d 680, 1981 R.I. LEXIS 1228 (R.I. 1981).

Where its insured, a dealer, was totally exempt from liability through compliance with subsection (c), the insurer was exempt from liability as well. Finck v. Aetna Casualty & Sur. Co., 432 A.2d 680, 1981 R.I. LEXIS 1228 (R.I. 1981).

Under the provisions of this section, the burden is upon the an automobile-dealer defendant to show by a preponderance of the evidence that he or she has complied with the conditions set out in the first clause of subsection (b) and referenced in subsection (c) in order to be entitled to the immunity conferred by subsection (c). Giuliano v. Diaz, 713 A.2d 202, 1998 R.I. LEXIS 178 (R.I. 1998).

Meaning of Words.

The phrase “aforesaid circumstances” in subsection (c) refers only to the circumstances enumerated in the first sentence. Flanagan v. Pierce Chevrolet, Inc., 122 R.I. 576 , 410 A.2d 428 (1980).

Where, although a driver had neglected to remove the dealer plates, it was undisputed that at the time of the accident both the ownership and the registration of the vehicle was in the name of the driver and not the dealer, the automobile’s registration was not “pending” within the meaning of subsection (b). Berube v. Matoian, 463 A.2d 183, 1983 R.I. LEXIS 1029 (R.I. 1983).

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>>>>>>> origin/main 31-3-20.1. Operation with auto body repair shop plates.

    1. An auto body repair shop, officially licensed by the department of business regulations, may loan a motor vehicle to a client/customer whose registered motor vehicle is undergoing auto body repair on the premises of the respective auto body repair shop, and may affix to the loaned motor vehicle number plates registered to the motor vehicle undergoing auto body repair when the number plates are of the same classification. The licensed auto body repair shop may issue a temporary certificate of registration to the loaned motor vehicle under which the loaned vehicle may be operated upon the public highways for a period of twenty (20) days from the date of issuance. The certificate shall be issued on a form obtained from the division of motor vehicles and shall be titled “agreement — temporary loan of motor vehicle”.
    2. The certificate shall be issued under any conditions that the division of motor vehicles may impose. The certificate shall be carried in the loaned vehicle for which it is issued and the operator or person in control of the loaned vehicle shall display the certificate for examination upon demand of any proper officer. The client/customer shall furnish proof to the auto body repair shop that he or she has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned vehicle for which the client/customer would have been liable if he or she had been the owner.
    3. This proof of insurance shall be set forth on the certificate issued by the division of motor vehicles and shall be subject to any conditions that the division of motor vehicles may impose. In the event the client/customer to whom the vehicle is loaned shall not have proper insurance in effect, then any liability or property damage shall be covered by the auto body repair shop’s insurance policy. Section 31-47-12(d) shall apply to loaned motor vehicles, and the acceptable evidence of financial responsibility as filed in the rules and regulations relative to compulsory insurance or financial responsibility shall apply.
  2. An auto body repair shop may not extend the use of “agreement — temporary loan of motor vehicle” certificates to anyone who is not a client/customer whose registered motor vehicle is undergoing auto body repair on the premises of the respective auto body repair shop. This legislation does not apply to any motor vehicle owned by a dealer, manufacturer, or operator of an auto body repair shop which is rented or leased for compensation to any person for any purpose.
  3. Every auto body repair shop shall keep a record of each loaned vehicle showing the date loaned, date returned, name, address, and operator’s license number of the client/customer, the number plate transferred to the loaned vehicle, and the number of the certificate issued. This record shall be available during business hours for examination by any police officer or inspector designated by the administrator of the division of motor vehicles. This legislation does not apply to any motor vehicle owned by a dealer, manufacturer, or operator of an auto body repair shop which is rented or leased for compensation to any person for any purpose.
  4. Penalties.  Any owner and/or employee of any auto body repair shop or customer who violates the provisions of this section shall be guilty of a violation and subject to a fine of two hundred dollars ($200) and have the authority to issue “agreement — temporary loan of motor vehicle” certificates revoked.
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>>>>>>> origin/main History of Section. P.L. 1997, ch. 373, § 1.

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>>>>>>> origin/main 31-3-21. Use of bailee, transporter, and in transit plates.

  1. A bailee may operate or move any vehicle of a type otherwise required to be registered under this chapter upon the highways solely for the purpose of delivery, upon displaying on the vehicle the plates issued to him or her as provided in §§ 31-3-23 — 31-3-25 .
  2. In transit plates may be used to operate or move special mobile equipment upon the highways solely for the purpose of moving that equipment to and from the location of any type of construction.
  3. A transporter may operate or move any vehicle of a type otherwise required to be registered under this chapter upon the highway solely for the purpose of delivering, upon displaying on the vehicle the plates issued to him or her as provided in §§ 31-3-23 — 31-3-25 .
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History of Section. P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-21 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 189, § 2.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-21 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 189, § 2.

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NOTES TO DECISIONS

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Use Restricted.

The issuance of in transit plates by the registry creates no authority to use them for any purpose or on any vehicle other than that specifically provided by statute. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

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Use Restricted.

The issuance of in transit plates by the registry creates no authority to use them for any purpose or on any vehicle other than that specifically provided by statute. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

>>>>>>> origin/main 31-3-22. Service vehicles owned by dealer.

The provisions of §§ 31-3-20 — 31-3-27 shall not apply to work or service vehicles owned by a manufacturer, bailee, transporter, or dealer.

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History of Section. P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-22 ; P.L. 1966, ch. 189, § 3.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-22 ; P.L. 1966, ch. 189, § 3.

>>>>>>> origin/main 31-3-23. Application for dealer’s plates.

Any manufacturer, bailee, transporter, or dealer may apply to the division of motor vehicles on the appropriate form to obtain a certificate containing a general distinguishing number and for one or more special plates as appropriate to various types of vehicles subject to registration pursuant to this chapter. The applicant shall also submit proof of his or her status as a bona fide manufacturer, bailee, transporter, or dealer as may reasonably be required by the division of motor vehicles.

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History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-23 ; P.L. 1966, ch. 189, § 4; P.L. 1968, ch. 103, § 2.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-23 ; P.L. 1966, ch. 189, § 4; P.L. 1968, ch. 103, § 2.

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Cross References.

License required for dealer’s plates, § 31-5-10 .

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>>>>>>> origin/main 31-3-23.1. Limitation on number of plates.

Notwithstanding any other provision of law, the motor vehicle dealers’ license commission shall limit the number of plates allowable to any dealer in accordance with the provisions of §§ 31-5-1 — 31-5-20 , and the plates shall be issued by the administrator of the division of motor vehicles up to such limit upon application by the dealer.

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>>>>>>> origin/main History of Section. P.L. 1964, ch. 165, § 1.

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>>>>>>> origin/main 31-3-24. Dealer’s certificate.

The division of motor vehicles, upon granting any application shall issue to the applicant a certificate containing the applicant’s name and address and the general distinguishing number assigned to the applicant.

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History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-24 .

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-24 .

>>>>>>> origin/main 31-3-25. Issuance of dealer’s plates.

  1. The division of motor vehicles shall issue special “dealer’s plates” as applied for, which shall have displayed on them the general distinguishing number assigned to the applicant. Each plate so issued shall also contain a number or symbol identifying the plate from every other plate bearing the same general distinguishing number. The division of motor vehicles shall issue dealer’s plates every three (3) years in clearly distinguishable colors, one color to be used by new vehicle dealers, another color for used vehicles dealers, and another color for transporter and bailee plates. The color for each category enumerated in this section shall be changed every three (3) years with the issuance of the plates, and vehicle identification devices will be provided annually.
  2. The dealer plate issuance scheduled for January 1, 2017, shall be deferred until January 1, 2018 to coincide with the dealer license renewal cycle.
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History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-25 ; P.L. 1968, ch. 103, § 1; P.L. 1978, ch. 122, § 1; P.L. 1995, ch. 150, § 1; P.L. 2014, ch. 356, § 2; P.L. 2014, ch. 409, § 2.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-25 ; P.L. 1968, ch. 103, § 1; P.L. 1978, ch. 122, § 1; P.L. 1995, ch. 150, § 1; P.L. 2014, ch. 356, § 2; P.L. 2014, ch. 409, § 2.

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Compiler’s Notes.

P.L. 2014, ch. 356, § 2, and P.L. 2014, ch. 409, § 2 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-25.1. Cost of dealer’s plates.

The cost for the annual issuance of the new plates shall be an additional one dollar and fifty cents ($1.50) per set per year.

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>>>>>>> origin/main History of Section. P.L. 1978, ch. 122, § 2.

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>>>>>>> origin/main 31-3-25.2. Issuance of motorcycle dealer’s plates.

The division of motor vehicles shall issue special motorcycle dealer’s plates as applied for, which shall bear the following: “motorcycle dealer”. The provisions of this chapter regarding application for, and display of “dealer’s plates” shall apply to motorcycle dealer’s plates. The plates shall be issued annually at a charge of twelve dollars and fifty cents ($12.50) per plate.

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>>>>>>> origin/main History of Section. P.L. 1979, ch. 22, § 1.

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>>>>>>> origin/main 31-3-25.3. Issuance of boat dealer’s plates.

The division of motor vehicles shall issue special boat dealer’s plates as applied for, which shall bear the following: “boat dealer”. The “boat dealer” plates shall be used only on boat trailers used by the boat dealer in the course of his or her business. With respect to trailers, the provisions of this chapter regarding application for, operation with, and display of “dealer’s plates” shall apply to boat dealer’s plates. Without limiting the general applicability of the preceding provisions, §§ 31-3-40 and 31-4-3 shall apply to boat dealers with respect to trailers. The plates shall be issued annually at a charge of twelve dollars and fifty cents ($12.50) per plate.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 325, § 1.

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>>>>>>> origin/main 31-3-26. Expiration of dealer’s plates.

Every special plate issued pursuant to this chapter shall expire at midnight on the thirty-first (31st) day of December of each year. A new plate or plates for the ensuing year may be obtained by the person to whom any expired plate or plates was issued by applying to the division of motor vehicles and paying the fee provided by law.

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History of Section. P.L. 1950, ch. 2595, art. 6, § 3; G.L. 1956, § 31-3-26 ; P.L. 1984, ch. 296, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 3; G.L. 1956, § 31-3-26 ; P.L. 1984, ch. 296, § 1.

>>>>>>> origin/main 31-3-27. Responsibility for use of dealer’s plates.

Every manufacturer, bailee, transporter, or dealer shall be at all times fully responsible and aware as to the use of special plates and the identity of the vehicles to which they are attached, and shall make this information immediately available to any proper officer.

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History of Section. P.L. 1950, ch. 2595, art. 6, § 4; G.L. 1956, § 31-3-27 ; P.L. 1966, ch. 189, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 6, § 4; G.L. 1956, § 31-3-27 ; P.L. 1966, ch. 189, § 5.

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Cross References.

Suspension or revocation of dealer’s certificate or plates, § 31-8-5 .

Collateral References.

License plates, dealers’ liability predicated on loan of. 99 A.L.R.2d 904.

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>>>>>>> origin/main 31-3-28. Rules and regulations as to plates.

  1. The administrator of the division of motor vehicles is authorized and empowered to make, alter, or amend, such rules and regulations that he or she may deem necessary, pertaining to the use, size, design, color scheme, and the material to be used in the manufacture of the number plates to be displayed on automobiles, motor trucks, trailers, semi-trailers, or other motor vehicles, except that at the next general issuance and each subsequent issuance. To promote safety and to facilitate the identification of registration plate letters and numerals at night, the department of revenue shall require that all registration plates shall be treated with special materials so as to make the background fully reflective and the letters and numerals on them readable at night for a minimum distance of one hundred feet (100´) with other illumination. An additional fee of one dollar ($1.00) shall be payable upon the initial issuance of the above described illuminated plates.
  2. All rules and regulations made under the provisions of this section shall, after being approved by the governor and published at least once in each county of the state, have the effect of law.
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History of Section. P.L. 1943, ch. 1302, §§ 1-3; G.L. 1956, § 31-3-28 ; P.L. 1971, ch. 120, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

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History of Section.

P.L. 1943, ch. 1302, §§ 1-3; G.L. 1956, § 31-3-28 ; P.L. 1971, ch. 120, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

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Cross References.

Procedure for adoption of rules, § 42-35-1 et seq.

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>>>>>>> origin/main 31-3-29. Licensing of tow cars and tow trucks.

The administrator of the division of motor vehicles shall require that every tow car or tow truck shall be licensed with a special registration certificate.

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History of Section. P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-29 .

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History of Section.

P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-29 .

>>>>>>> origin/main

Collateral References.

Validity and construction of statute or ordinance regulating vehicle towing business. 97 A.L.R.3d 495.

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>>>>>>> origin/main 31-3-30. Accident chasing by tow trucks.

It shall be unlawful for any tow car or tow truck to be at the scene of a motor vehicle accident unless summoned by the participants in that accident or by the owners of the respective vehicles involved in that accident. Any owner of any tow car or tow truck or his or her duly authorized agent, if found guilty of violating the provisions of this section, shall be fined not exceeding twenty dollars ($20.00) for the first offense and for any subsequent offense shall be fined not exceeding twenty dollars ($20.00) and have his or her special registration certificate suspended by the administrator of the division of motor vehicles for such period as the administrator of the division of motor vehicles shall determine.

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History of Section. P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-30 .

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History of Section.

P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-30 .

>>>>>>> origin/main 31-3-31. Registration of farm vehicles.

  1. Farm vehicles, as defined in § 31-1-8 , equipped with rubber tires while being used in farming and operated on highways shall be registered on a form furnished by the administrator of the division of motor vehicles and shall be assigned a special number plate with a suitable symbol or letter indicating the usage of the farm vehicle.
  2. The director of the department of revenue shall promulgate rules and regulations for the inspection of farm vehicles.
  3. Farm plates may not be utilized on: (1) Vehicles eligible for registration as private passenger automobiles; provided, however, that any vehicle eligible for registration as a private passenger and registered with farm plates prior to July 1, 2002, may continue to be registered with farm plates by the owner to whom the farm plates were issued; or (2) On any vehicle that is not a farm vehicle as defined in § 31-1-8 .
  4. Farm plates may be displayed on vehicles used in the delivery of agricultural products produced by the farmer; however, farm plates shall not be displayed on vehicles used for deliveries by persons, as defined in § 31-1-17(g) , that do not raise agricultural products.
  5. Any farm vehicle, as defined in § 31-1-8 , that is not required to be registered and that is covered by an insurance policy applicable to farm property and operations and that includes liability coverage, shall be deemed to have liability insurance as required by § 31-3-3(c) and to meet liability insurance requirements set forth in this title as long as such a policy is in effect. Documentation of such insurance, including the name of the carrier, policy, number, and effective date, may be required by the division for the registration of said vehicle and for the renewal of such registration.
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History of Section. P.L. 1950, ch. 2595, art. 11, § 1; G.L. 1956, § 31-3-31 ; P.L. 1984, ch. 287, § 1; P.L. 2002, ch. 404, § 2; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4; P.L. 2014, ch. 66, § 1; P.L. 2014, ch. 72, § 1; P.L. 2016, ch. 387, § 1; P.L. 2016, ch. 399, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 11, § 1; G.L. 1956, § 31-3-31 ; P.L. 1984, ch. 287, § 1; P.L. 2002, ch. 404, § 2; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4; P.L. 2014, ch. 66, § 1; P.L. 2014, ch. 72, § 1; P.L. 2016, ch. 387, § 1; P.L. 2016, ch. 399, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 66, § 1, and P.L. 2014, ch. 72, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 387, § 1, and P.L. 2016, ch. 399, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-31.1. Registration of street rods and custom vehicles.

  1. Definition of terms:
    1. A “street rod” means a motor vehicle that:
      1. Is a 1948 or older vehicle; or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
      2. Has been altered from the manufacturer’s original design; or has a body constructed from nonoriginal materials.
    2. The model year and the year of manufacture that are listed on the certificate of title of a street rod vehicle shall be the model year and year of manufacture that the body of such vehicle resembles.
  2. Registration fee and application for street rods shall be as follows:
    1. For each such street rod, there shall be a one-time pre-registration surcharge of fifty dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles until such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000) whereupon said division is authorized to proceed with the ordering/manufacturing of plates as required by subsection (3) herein. In addition thereto, and from hence forth, there shall be paid regular registration fees required for standard passenger vehicles as determined by the division of motor vehicles.
      1. In applying for registration of a street rod under this section, the owner of the street rod shall submit with the application a certification that the vehicle for which the application is made:
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        1. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
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        3. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
        4. >>>>>>> origin/main Will not be used for general daily transportation.
      2. In addition to the certification required under paragraph (i) of this subsection, when applying for registration of a street rod, the new owner of the street rod shall provide proof acceptable to the administration that the street rod passed a safety inspection that has been approved by the administration in consultation with the street rod community in this state.
    3. On registration of a vehicle under this section, the administration shall issue a special street rod vehicle registration plate of the size and design that the administration determines in consultation with the street rod community in this state.
    4. Unless the presence of the equipment was specifically required by a statute of this state as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
    5. A vehicle registered under this section is exempt from any statute that requires periodic vehicle inspections and from any statute that requires the use and inspection of emission controls.
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>>>>>>> origin/main History of Section. P.L. 2004, ch. 310, § 1; P.L. 2004, ch. 457, § 1.

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>>>>>>> origin/main 31-3-31.2. Custom vehicles — Definition — Registration and fees.

  1. A custom vehicle means any motor vehicle that:
    1. Is at least twenty-five (25) or more years old and of a model year after 1948; or was manufactured to resemble a vehicle twenty-five (25) years old and of a model year after 1948; and
    2. Has been altered from the manufacturer’s original design; or has a body constructed from nonoriginal materials.
    3. The model year and the year of manufacture that are listed on the certificate of title of a custom vehicle shall be the model year and year of manufacture that the body of such vehicle resembles.
  2. For each such custom vehicle, there shall be a one-time pre-registration surcharge of fifty dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles until such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000) whereupon said division is authorized to proceed with the ordering/manufacturing of plates as required by subsection (d) herein. In addition thereto, and from hence forth, there shall be paid regular registration fees required for standard passenger vehicles as determined by the division of motor vehicles.
    1. In applying for registration of a custom vehicle under this section, the owner of the custom vehicle shall submit with the application a certification that the vehicle for which the application is made:
      1. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
      2. Will not be used for general daily transportation.
    2. In addition to the certification required under paragraph (1) of this subsection, when applying for registration of a custom vehicle, the new owner of the custom vehicle shall provide proof acceptable to the administration that the custom vehicle passed a safety inspection that has been approved by the administration in consultation with the custom vehicle community in this state.
  4. On registration of a vehicle under this section, the administration shall issue a special custom vehicle registration plate of the size and design that the administration determines in consultation with the custom vehicle community of this state.
  5. Unless the presence of the equipment was specifically required by a statute of this state as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
  6. A vehicle registered under this section is exempt from any statute that requires periodic vehicle inspections and from any statute that requires the use and inspections of emission controls.
  7. Signal lamps and devices — Street rod vehicles and custom vehicles:
    1. “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter.
    2. A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors.
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>>>>>>> origin/main History of Section. P.L. 2004, ch. 310, § 1; P.L. 2004, ch. 457, § 1.

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>>>>>>> origin/main 31-3-31.3. Registration of specially constructed vehicles.

  1. A “specially constructed vehicle” means every vehicle of a type that must be registered under chapters 3 through 9 of this title, but not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles.
  2. Specially constructed vehicles shall be subject to the registration fees in § 31-6-1 .
  3. Before a specially constructed vehicle can be registered, it must undergo an inspection by the division of motor vehicles to determine whether the vehicle was designed for and may be safely operated on public roads, and meets all necessary safety standards. Only those specially constructed vehicles that are deemed by the division of motor vehicles to be designed for use on public roads and meeting all necessary safety standards shall be registered. Specially constructed vehicles that are registered shall be subject to inspection pursuant to § 31-38-4 to ensure that the vehicle continues to meet all necessary safety standards.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 188, § 2; P.L. 2013, ch. 203, § 2; P.L. 2021, ch. 395, § 8, effective July 14, 2021.

Compiler’s Notes.

P.L. 2013, ch. 188, § 2, and P.L. 2013, ch. 203, § 2 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-32. Expiration of registration.

Every vehicle registration under chapters 3 — 9 of this title and every registration card and registration plate issued under this chapter shall expire at midnight on the thirty-first (31st) day of March of each year, except that the director of the department of revenue, division of motor vehicles shall implement a staggered registration system and a staggered distribution system for fully reflective plates required to be on all vehicles pursuant to § 31-3-10 . Implementation of the staggered registration system and distribution system shall be by rules and regulations promulgated by the director of revenue, division of motor vehicles. Every registration card and registration plate issued to apportioned vehicles shall expire on the thirty-first (31st) day of May of each year. A fee for the initial issuance of fully reflective plates and each reissuance thereafter shall be charged in accordance with § 31-6-1(a). However, the requirements for the reissue of fully reflective plates shall apply only to those standard plates described in § 31-3-11 and not to plates authorized by any other section of the general or public laws. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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History of Section. P.L. 1950, ch. 2595, art. 3, § 10; G.L. 1956, § 31-3-32 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 10, art. 5, § 1; P.L. 1995, ch. 135, § 1; P.L. 1996, ch. 100, art. 30, § 1; P.L. 2000, ch. 109, § 56; P.L. 2002, ch. 292, § 103; P.L. 2002, ch. 321, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 10; G.L. 1956, § 31-3-32 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 10, art. 5, § 1; P.L. 1995, ch. 135, § 1; P.L. 1996, ch. 100, art. 30, § 1; P.L. 2000, ch. 109, § 56; P.L. 2002, ch. 292, § 103; P.L. 2002, ch. 321, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

>>>>>>> origin/main 31-3-33. Renewal of registration.

  1. Application for renewal of a vehicle registration shall be made by the owner on a proper application form and by payment of the registration fee for the vehicle as provided by law.
  2. The division of motor vehicles may receive applications for renewal of registration, and may grant the renewal and issue new registration cards and plates at any time prior to expiration of registration.
  3. Upon renewal, owners will be issued a renewal sticker for each registration plate that shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully reflective plate beginning July 1, 2022, at the time of initial registration or at the renewal of an existing registration and reissuance will be conducted no less than every ten (10) years.
  4. No later than August 15, 2019, and every fifteenth day of the month through August 15, 2020, the division of motor vehicles shall submit a report outlining the previous month’s activity and progress towards the implementation of the license plate reissuance to the chairpersons of the house finance and senate finance committee, the house fiscal advisor, and the senate fiscal advisor. The report shall include, but not be limited to, information on the status of project plans, obstacles to implementation, and actions taken toward implementation.
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History of Section. P.L. 1950, ch. 2595, art. 3, § 11; G.L. 1956, § 31-3-33 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 13, § 1; P.L. 1995, ch. 135, § 1; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1; P.L. 2011, ch. 151, art. 13, § 2; P.L. 2013, ch. 144, art. 6, § 1; P.L. 2015, ch. 141, art. 4, § 1; P.L. 2016, ch. 142, art. 9, § 1; P.L. 2017, ch. 302, art. 4, § 2; P.L. 2018, ch. 47, art. 8, § 1; P.L. 2019, ch. 88, art. 7, § 2; P.L. 2021, ch. 162, art. 3, § 4, effective July 6, 2021.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 11; G.L. 1956, § 31-3-33 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 13, § 1; P.L. 1995, ch. 135, § 1; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1; P.L. 2011, ch. 151, art. 13, § 2; P.L. 2013, ch. 144, art. 6, § 1; P.L. 2015, ch. 141, art. 4, § 1; P.L. 2016, ch. 142, art. 9, § 1; P.L. 2017, ch. 302, art. 4, § 2; P.L. 2018, ch. 47, art. 8, § 1; P.L. 2019, ch. 88, art. 7, § 2; P.L. 2021, ch. 162, art. 3, § 4, effective July 6, 2021.

>>>>>>> origin/main 31-3-34. Notice of change of address.

Whenever any person after applying for or obtaining the registration of a vehicle shall move from the address named in the application or shown upon a registration card, that person shall within ten (10) days subsequent to moving notify the division of motor vehicles in writing of his or her former and current addresses. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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History of Section. P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-34 ; P.L. 2002, ch. 292, § 103.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-34 ; P.L. 2002, ch. 292, § 103.

>>>>>>> origin/main 31-3-35. Notice of change of name.

Whenever the name of any person who has applied for or obtained the registration of a vehicle is subsequently changed by marriage or otherwise, that person shall within ten (10) days notify the division of motor vehicles of the former and current names. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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History of Section. P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-35 ; P.L. 2002, ch. 292, § 103.

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-35 ; P.L. 2002, ch. 292, § 103.

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NOTES TO DECISIONS

Divorced Licensees.

This section does not require a divorced licensee to produce a divorce or probate court decree as proof of a name change. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

Use of Any Name.

This section does not abrogate the common-law right of qualified applicants to use, assume, or adopt any name as long as the purpose of its assumption or adoption is not fraudulent. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

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>>>>>>> origin/main 31-3-36. Replacement of lost or mutilated registration card or plates.

In the event any registration card or plate is lost, mutilated, or becomes illegible, the owner, legal representative, or successor in interest of the owner of the vehicle for which the registration card or plate was issued as shown by the records of the division of motor vehicles shall immediately apply for and may obtain a duplicate, substitute, or a new registration under a new registration number, as determined to be most advisable by the division of motor vehicles, upon the applicant furnishing information satisfactory to the division of motor vehicles.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 13; G.L. 1956, § 31-3-36 .

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 13; G.L. 1956, § 31-3-36 .

>>>>>>> origin/main 31-3-37. Assignment of new identifying numbers.

The division of motor vehicles is authorized to assign a distinguishing number to a motor vehicle whenever the motor or serial number thereon is destroyed or obliterated and to issue to the owner a special plate bearing such distinguishing number which shall be affixed to the vehicle in a position to be determined by the administrator of the division of motor vehicles. The motor vehicle shall be registered under this distinguishing number in lieu of the former serial number.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 14; G.L. 1956, § 31-3-37 .

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 14; G.L. 1956, § 31-3-37 .

>>>>>>> origin/main 31-3-38. Change of engines.

The administrator of the division of motor vehicles is authorized to adopt and enforce such registration rules and regulations that are deemed necessary and compatible with the public interest with respect to the change or substitution of one engine in place of another in any motor vehicle.

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History of Section. P.L. 1950, ch. 2595, art. 3, § 15; G.L. 1956, § 31-3-38 .

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History of Section.

P.L. 1950, ch. 2595, art. 3, § 15; G.L. 1956, § 31-3-38 .

>>>>>>> origin/main 31-3-39. Amateur radio operator plates.

The administrator of the division of motor vehicles shall issue for any motor vehicle eligible for registration as an automobile or eligible for registration as a commercial vehicle and having a gross weight of nine thousand (9,000) pounds or less for the motor vehicle of a radio amateur, other than a novice, licensed by the federal communications commission, as long as he or she shall remain so licensed, and such registration plates as issued shall identify the registrant by the station and operator “call sign” assigned to him or her by the federal communications commission. This issuance of special plates shall be in accordance with the statutory requirements relating to the registration of motor vehicles and upon the payment of the regular registration fee. Application for the special plates shall be made in advance and upon the special form or forms as the administrator of the division of motor vehicles shall designate.

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>>>>>>> origin/main History of Section. P.L. 1958, ch. 196, § 1; P.L. 1986, ch. 485, § 1; P.L. 1998, ch. 241, § 1.

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>>>>>>> origin/main 31-3-40. Special use identification tags.

  1. A new car dealer or used car dealer may apply to the administrator of the division of motor vehicles for special use identification tags for use on vehicles sold by him or her pending the registration of the vehicles, and provided that all vehicles upon which special use identification tags are to be used conform to the standards for general safety. Special use identification tags shall be of a size and type determined by the administrator of the division of motor vehicles, and shall be sold to dealers at a cost to be determined by the administrator of the division of motor vehicles, not to exceed twenty-five dollars ($25.00) per plate.
  2. Special use certificates and special use identification tags may be used on a vehicle sold by the dealer to a resident or nonresident. The special use certificate and special use identification tags shall be valid for no more than twenty (20) days including the date of delivery of the certificate and tags by the dealer, and no dealer or any other person shall extend the expiration date thereof, nor shall any person other than the administrator of the division of motor vehicles issue another similar certificate or tag. The special certificate shall be carried in the vehicle bearing the special use identification tags whenever the vehicle is being operated on a public highway. Special use identification tags shall be displayed in the same manner as required in this chapter for the display of registration plates. Upon the removal of special use identification tags from a vehicle, they shall be destroyed immediately by the person to whom issued or his or her agent.
  3. Upon the issuance of a special use certificate and special use identification tags, the dealer shall prepare the special use certificate in triplicate and shall print or type all of the information required on the certificate. The dealer shall imprint legibly with a rubber date stamp, in black ink, upon the special use identification tag, the date of expiration of the tag in letters and numerals not less than one inch (1") in height, nor less than one-fourth of an inch (1/4") in width. The special use identification tag shall also contain the vehicle identification number of the car on which it is displayed and the dealer’s identification number. The original copy of the special use certificate shall be given to the person named in the certificate. The duplicate copy shall become the notice required by subsection (d) of this section. The third copy shall be held in the dealer’s files and shall be exhibited upon demand of the administrator of the division of motor vehicles or of any peace officer.
  4. Notice of delivery of the special use certificate and special use identification tags shall be mailed to the administrator of the division of motor vehicles not later than the next business day after delivery.
  5. In the event that a dealer goes out of business, or transfers his or her business to any other person, firm, or corporation, the dealer shall return to the administrator of the division of motor vehicles within five (5) days all special use certificates and special use identification tags held by him or her.
  6. No dealer shall make any use of special use certificates or special use identification tags except in accordance with the provisions of this section.
  7. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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>>>>>>> origin/main History of Section. P.L. 1960, ch. 33, § 1; P.L. 1963, ch. 86, § 1; P.L. 1976, ch. 69, § 1; P.L. 1978, ch. 324, § 1; P.L. 1988, ch. 360, § 1; P.L. 1989, ch. 126, art. 11, § 1; P.L. 1993, ch. 138, art. 29, § 2; P.L. 1998, ch. 296, § 1; P.L. 2002, ch. 292, § 103; P.L. 2011, ch. 151, art. 13, § 1.

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>>>>>>> origin/main 31-3-41. Return of registration card and plates — Receipt.

Whenever, under any of the provisions of title 31, entitled “motor and other vehicles,” a person surrenders, returns, or delivers to any person in the division of motor vehicles, any registration card or plate, a receipt shall be given, sufficiently identifying the registration card or plate and showing the date it was received. As soon as practical after January 1st, in every year, the division of motor vehicles shall furnish, without charge, to the tax assessors of each city or town in this state a statement of cancellation, surrendering or returns of registration plates of motor vehicles whose owners have addresses in the respective cities or towns on or after January 1st and through the thirty-first (31st) day of December of the previous year and the inclusive dates of their registration with this period.

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>>>>>>> origin/main History of Section. P.L. 1962, ch. 193, § 1; P.L. 1992, ch. 451, § 1.

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>>>>>>> origin/main 31-3-42. Camper plates.

The administrator of the division of motor vehicles shall issue plates designated as “camper plates” to any person who shall register a travel trailer, pick-up coach, pick-up camper, motorized camper, or tent trailer. In addition, the administrator of the division of motor vehicles shall issue a registration certificate to any person registering a pick-up coach or pick-up camper, which shall be affixed to the coach or camper portion of the vehicle and for which there shall be an additional registration fee of three dollars ($3.00). The design of the certificate shall be prescribed by the administrator of the division of motor vehicles and the certificate shall be maintained in a manner and location prescribed by the administrator of the division of motor vehicles.

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>>>>>>> origin/main History of Section. P.L. 1967, ch. 217, § 3; P.L. 1977, ch. 218, § 1.

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>>>>>>> origin/main 31-3-43. Sheriffs’ department plates.

The administrator of the division of motor vehicles shall issue to the sheriffs’ departments of the various counties, for use on state owned vehicles used by the departments, a special identifying number plate in numerical sequence preceded by the words “sheriff’s department.”

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>>>>>>> origin/main History of Section. P.L. 1969, ch. 155, § 1; P.L. 2014, ch. 59, § 1; P.L. 2014, ch. 62, § 1.

Compiler’s Notes.

P.L. 2014, ch. 59, § 1, and P.L. 2014, ch. 62, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-44. Ambulance or rescue vehicles.

The administrator of the division of motor vehicles shall issue passenger car registration plates for any ambulance or rescue vehicle, used in transporting sick or injured patients, owned by a city or town or as part of a volunteer ambulance or rescue corps.

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>>>>>>> origin/main History of Section. P.L. 1976, ch. 218, § 1.

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>>>>>>> origin/main 31-3-45. Police motorcycle plates.

The administrator of the division of motor vehicles shall issue to all police departments police motorcycle registration plates. These plates shall be imprinted with the words “police motorcycle” and shall be a distinctive color to distinguish them from standard motorcycle plates.

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>>>>>>> origin/main History of Section. P.L. 1980, ch. 233, § 1.

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>>>>>>> origin/main 31-3-45.1. Police registration plates.

  1. The administrator of the division of motor vehicles shall upon request issue to all police departments within this state, as listed in § 12-7-21 but, excluding the Rhode Island state police, and Rhode Island sheriffs’ department, police registration plates.
  2. The above described plates shall be imprinted with the word “police” and shall be of a distinctive color to distinguish them from standard registration plates.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 433, § 1.

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>>>>>>> origin/main 31-3-46. P.O.W. plates.

The administrator of the division of motor vehicles shall issue plates designated as “Ex-P.O.W.” upon application on proper forms furnished by the administrator of the division of motor vehicles to former prisoners of war (P.O.W.) of World Wars I and II, the Korean conflict, and Vietnam conflict. The plates may be issued for any motor vehicle eligible for registration as an automobile, or a commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs) or less. The applicant shall not be required to pay a registration fee or service charge for the plate. Upon the death of the holder of any P.O.W. plates, the plates shall be transferred to his or her surviving spouse for the spouse’s lifetime until he or she remarries.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 127, § 1; P.L. 1985, ch. 253, § 2; P.L. 1987, ch. 588, § 1; P.L. 1990, ch. 34, § 1; P.L. 1991, ch. 30, § 1; P.L. 2005, ch. 188, § 1; P.L. 2005, ch. 220, § 1.

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>>>>>>> origin/main 31-3-47. Judiciary plates.

  1. The administrator of the division of motor vehicles is empowered to make available to each justice of the supreme, superior, family, and district courts, to each judge of the workers’ compensation court, the general magistrate of the family court, and to each judge or magistrate of the traffic tribunal of the state of Rhode Island, so long as that member is serving, a special motor vehicle registration plate.
  2. Each special motor vehicle registration plate shall carry thereon the design and the seal of the state of Rhode Island and the word, “judiciary.”
  3. The special motor vehicle registration plate shall have consecutive numbers starting with one through the combined number of people entitled to said plates. Numbers one through five (5) shall be assigned to the supreme court; numbers six (6) through eight (8) shall be assigned to the presiding justice of superior court, chief judge of family court, and chief judge of district court, number nine (9) shall be assigned to the chief judge of the workers’ compensation court; number ten (10) shall be assigned to the chief magistrate of the traffic tribunal. Each remaining member of the judiciary, and the remaining members of the workers’ compensation court, and the remaining judges and magistrates of the traffic tribunal and the general magistrate of the family court will then be awarded a number according to seniority. The administrator of the division of motor vehicles shall reassign numbers no more than every four (4) years after the initial distribution.
  4. Each member of the judiciary, workers’ compensation court, the general magistrate of the family court and traffic tribunal, as provided in this section, shall have the option of displaying at any time that plate or the private registration plate assigned to his or her vehicle.
  5. The administrator of the division of motor vehicles shall issue the judiciary plate upon payment, in addition to the regular prescribed motor vehicle registration fee, of a service charge of ten dollars ($10.00) for each issue and for each registration renewal.
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>>>>>>> origin/main History of Section. P.L. 1983, ch. 195, § 1; P.L. 1987, ch. 52, § 2; P.L. 1998, ch. 442, § 4; P.L. 2008, ch. 1, § 9; P.L. 2021, ch. 77, § 14, effective June 23, 2021; P.L. 2021, ch. 78, § 14, effective June 23, 2021.

Compiler’s Notes.

P.L. 2021, ch. 77, § 14, and P.L. 2021, ch. 78, § 14 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-48. Plates for recipients of Purple Heart.

  1. The administrator of the division of motor vehicles is empowered to make available to recipients of the Purple Heart Medal a special motor vehicle registration plate indicating the owner as a recipient of the Purple Heart.
  2. The plate shall contain the words “combat wounded” across the top of the plate and shall have an insignia for the Purple Heart and be followed by the letters “P H”, followed by a numeral or numerals. The Purple Heart insignia may be reproduced on the plate in the color purple.
  3. Upon the death of the holder of any purple heart plates, the plates shall be transferred to his or her surviving spouse for the spouse’s lifetime until he or she remarries.
  4. The applicant is not required to pay a registration fee or service charge for the plates.
  5. Upon the death of the holder of any purple heart plates, if there is no surviving spouse, a family member of the recipient may retain one of the special motor vehicle registration plates in his or her own keeping, provided he or she does not display the plate upon any motor vehicle or any other form of transportation owned or operated by the family member. The other purple heart plate must be returned to the division of motor vehicles.
  6. Any violation of the provisions of subsection (e) of this section shall be deemed a civil violation, and any person displaying a special motor vehicle registration plate upon any vehicle shall, upon conviction, be fined five hundred dollars ($500) for each offense. Each day in which the special motor vehicle registration plate is displayed upon any vehicle shall be a separate offense punishable by the same penalty.
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>>>>>>> origin/main History of Section. P.L. 1987, ch. 53, § 1; P.L. 1987, ch. 345, § 2; P.L. 1989, ch. 482, § 1; P.L. 1990, ch. 186, § 1; P.L. 1994, ch. 188, § 1; P.L. 2000, ch. 109, § 56; P.L. 2002, ch. 254, § 1; P.L. 2015, ch. 137, § 1; P.L. 2015, ch. 149, § 1.

Compiler’s Notes.

P.L. 2015, ch. 137, § 1, and P.L. 2015, ch. 149, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-48.1. Plates for recipients of Distinguished Service Cross.

  1. The administrator of motor vehicles is empowered to make available to recipients of the United States Army Distinguished Service Cross medal a special motor vehicle registration plate indicating the owner as a recipient of the distinguished service cross. The applicant shall be required to pay a registration fee and a transfer charge of five dollars ($5.00) for the plate.
  2. The plate shall contain the words “Distinguished Service Cross” across the top of the plate, shall bear an insignia for the distinguished service cross, and then a numeral or numerals.
  3. Upon the death of the holder of any “Distinguished Service Cross” plate, the plate shall be transferred to the surviving spouse for the spouse’s lifetime or until remarriage.
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>>>>>>> origin/main History of Section. P.L. 2001, ch. 246, § 1.

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>>>>>>> origin/main 31-3-49. Chief Judge Emeritus — Charles F. Trumpetto.

The division of motor vehicles of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Charles F. Trumpetto. This plate is to bear the identification “Chief Judge Emeritus” with a seal of the state imprinted on it and shall be furnished without additional registration charge for such period of time as Judge Trumpetto so desires.

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>>>>>>> origin/main History of Section. P.L. 1987, ch. 611, § 1.

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>>>>>>> origin/main 31-3-50. Chief Judge Emeritus 8 — William R. Goldberg.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former family court chief judge, William R. Goldberg. This plate is to bear the identification “Chief Judge Emeritus 8” with a seal of the state thereon imprinted and shall be furnished without additional registration charge for such period of time as Judge Goldberg so desires.

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>>>>>>> origin/main History of Section. P.L. 1987, ch. 481, § 1.

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>>>>>>> origin/main 31-3-51. Police Chief Emeritus — Matthew Lynch.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief of the city of Woonsocket, Matthew Lynch. This plate is to bear the identification “Police Chief Emeritus” and shall be furnished without additional registration charge for such period of time as Matthew Lynch so desires.

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>>>>>>> origin/main History of Section. P.L. 1987, ch. 611, § 1.

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>>>>>>> origin/main 31-3-52. Certificate of prior use.

Upon the sale or transfer of title by a dealer of any used motor vehicle, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the Rhode Island automobile dealers licensing commission which shall set forth the nature of the principal prior use of the vehicle when dealers know or have reason to know that the use of vehicle was a taxicab, police vehicle, driver education vehicle, rental vehicle, or vehicle which has been repurchased pursuant to chapter 5.2 or chapter 5.4 of this title, a similar statute of another state, or an arbitration or alternative dispute procedure.

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>>>>>>> origin/main History of Section. P.L. 1988, ch. 225, § 1.

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>>>>>>> origin/main 31-3-53. Veterans’ plates.

  1. The registrar of motor vehicles shall issue for any motor vehicle eligible for registration as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates designated as “Veteran” upon application on proper forms furnished by the administrator of the division of motor vehicles to veterans.
  2. The special plate designated “Veteran” shall be designed as follows:
    1. Letters and numbers shall be blue in a white background with the words “Rhode Island” clearly visible at the top center of the plate and the word “Veteran” visible at the bottom center of the plate.
    2. The background will be a red, white, and blue waving American Flag.
    3. On the top right corner will be a decal with the military branch of the service in which the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, and Merchant Marines).
    4. For war veterans, a white decal with blue letters with the words “War Veteran” placed under the military branch decal on the right side of the plate above the validation sticker.
  3. The applicant shall not be required to pay a service charge or a transfer charge for each plate.
    1. The applicant shall be entitled to a plate for each vehicle owned by the applicant.
    2. The applicant shall also be entitled to a plate for one vehicle owned by an entity  the applicant owns. The entity must be registered and authorized to conduct business in the state of Rhode Island. The applicant must provide to the division of motor vehicles documentation demonstrating the applicant’s ownership of the entity.
  5. The owner of a motor vehicle eligible for registration as a commercial vehicle and having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates shall continue to pay the appropriate commercial registration fee for those plates.
    1. For the purposes of this section, a “veteran” shall be defined as any person who has served on active duty in the armed forces of the United States. The term “veteran” shall also include members of the National Guard and Reserves: (i) Called to active duty authorized by the President of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with a letter and record of separation of service.
    2. For the purposes of this section, “War Veteran” shall be defined as any veteran of any conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service in either a declared or undeclared war as noted on the war veteran’s DD-214. Upon the death of the holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse’s lifetime until he or she remarries.
  7. The “veteran” or “war veteran” described in subdivisions (f)(1)(i) or (ii) and (f)(2) must have been honorably discharged from the armed forces of this nation in order to receive plates pursuant to this section and, for purposes of this section, a medical discharge or a general discharge shall be deemed an honorable discharge.
  8. [Deleted by P.L. 2021, ch. 119, §  1 and P.L. 2021, ch. 120, §  1.]
  9. A person shall be eligible for a veterans’ plate if his or her deceased spouse was eligible for a veterans’ plate, notwithstanding the fact that the eligible, deceased spouse died prior to the enactment of this section in 1988.
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>>>>>>> origin/main History of Section. P.L. 1988, ch. 458, § 1; P.L. 1989, ch. 354, § 1; P.L. 1990, ch. 186, § 1; P.L. 1990, ch. 402, § 1; P.L. 1990, ch. 426, § 1; P.L. 1990, ch. 454, § 1; P.L. 1991, ch. 30, § 1; P.L. 1992, ch. 156, § 2; P.L. 1992, ch. 334, § 1; P.L. 1993, ch. 411, § 1; P.L. 1995, ch. 305, § 1; P.L. 1997, ch. 126, § 1; P.L. 2000, ch. 323, § 1; P.L. 2000, ch. 460, § 1; P.L. 2004, ch. 428, § 1; P.L. 2006, ch. 212, § 1; P.L. 2006, ch. 343, § 1; P.L. 2006, ch. 642, § 1; P.L. 2007, ch. 59, § 1; P.L. 2007, ch. 68, § 1; P.L. 2008, ch. 10, § 1; P.L. 2008, ch. 11, § 1; P.L. 2008, ch. 152, § 1; P.L. 2014, ch. 510, § 1; P.L. 2016, ch. 142, art. 9, § 2; P.L. 2021, ch. 119, § 1, effective July 2, 2021; P.L. 2021, ch. 120, § 1, effective July 2, 2021.

Compiler's Notes.

P.L. 2021, ch. 119, § 1, and P.L. 2021, ch. 120, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-54. Police Chief Emeritus — John C. Beebe III.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of former police chief of the city of Newport, John C. Beebe III. This plate is to bear the identification “Police Chief Emeritus” along with an appropriate number and shall be furnished without additional registration charge for such period of time as John C. Beebe III so desires.

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>>>>>>> origin/main History of Section. P.L. 1988, ch. 591, § 1; P.L. 1999, ch. 300, § 1.

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>>>>>>> origin/main 31-3-55. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 418, § 1; P.L. 1992, ch. 36 § 1; P.L. 1995, ch. 39, § 1; Repealed by P.L. 2000, ch. 109, § 57, effective July 7, 2000.

Compiler’s Notes.

Former § 31-3-55 concerned U.R.I. centinnial plates.

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>>>>>>> origin/main 31-3-56. Congressman Emeritus — Fernand J. St. Germain.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former United States representative, first district, Fernand J. St. Germain. This plate is to bear the identification “Congressman Emeritus”, along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Fernand J. St. Germain so desires.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 558, § 1.

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>>>>>>> origin/main 31-3-57. Police Chief Emeritus — John T. Botelho.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief of the town of East Greenwich, John T. Botelho. This plate is to bear the identification “Police Chief Emeritus”, along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as John T. Botelho so desires.

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>>>>>>> origin/main History of Section. P.L. 1990, ch. 41, § 1.

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>>>>>>> origin/main 31-3-58. Judge Emeritus — Edward J. Plunkett.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Edward J. Plunkett. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge Plunkett so desires.

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>>>>>>> origin/main History of Section. P.L. 1990, ch. 276, § 1.

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>>>>>>> origin/main 31-3-59. House Emeritus — Irving Levin.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former representative Irving Levin. This plate is to bear the identification “Representative Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Irving Levin so desires.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 41, § 1.

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>>>>>>> origin/main 31-3-59.1. Congressman Emeritus — Edward Beard.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former United States Representative, Second District, Edward Beard. This plate is to bear the identification “Congressman Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Edward Beard so desires.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 111, § 1.

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>>>>>>> origin/main 31-3-60. Alternative design plates.

  1. The administrator of the division of motor vehicles is empowered and authorized to make available to every owner of a motor vehicle eligible for registration as an automobile or commercial vehicle plates designated as “alternative design” upon application on proper forms furnished by the administrator of the division of motor vehicles. The alternative plates shall display upon them the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle for the period the registration remains active. Upon issuance of said alternative plates, the original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles for destruction.
  2. The alternative plates shall be designed as follows:
    1. White reflective background;
    2. Top border shall be red stripes except the words “Rhode Island” which shall be solid red;
    3. Letters and numbers shall be blue;
    4. Bottom border shall be blue stripes with thirteen (13) white stars;
    5. On the bottom above the border the words “Ocean State” in blue except commercial plates which shall have the word “Commercial” in place of the words “Ocean State”;
    6. Background shall contain the picture of a sailboat and water in grey.
  3. The applicant shall be required to pay a service charge of twenty dollars ($20.00) for the plate.
  4. The owner of a motor vehicle eligible for registration as an automobile that is issued alternative plates shall continue to pay the appropriate automobile registration fee for the plates. The owner of a motor vehicle eligible for registration as a commercial vehicle that is issued alternative plates shall continue to pay the appropriate commercial registration fee for the plates pursuant to § 31-3-11 .
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 114, § 1; P.L. 1993, ch. 138, art. 85, § 5.

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>>>>>>> origin/main 31-3-61. Fire Chief Emeritus — Gerald Landry.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former fire chief of the city of Woonsocket, Gerald Landry. This plate is to bear the identification “Fire Chief Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Gerald Landry so desires.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 142, § 1.

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>>>>>>> origin/main 31-3-62. National guard plates.

  1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active and retired members of the Rhode Island army and air national guard a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or a commercial vehicle having a gross weight of eight thousand-five hundred pounds (8,500 lbs.) or less.
  2. The special motor vehicle registration plate shall carry on it the designation “National Guard” and shall also carry on it an emblem on the left-hand side of the plate to be designed and provided by the office of the adjutant general, with the numerals to the right of it.
  3. The administrator of the division of motor vehicles shall issue the plate upon the payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.
  4. For the purposes of this section an active or retired member of the Rhode Island army and air national guard shall be defined as any person certified by the adjutant general as currently serving or having retired under honorable conditions in either the Rhode Island army or air national guard.
  5. In a state of emergency, any active member of the army or air national guard driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 143, § 1; P.L. 1993, ch. 97, § 1; P.L. 1995, ch. 370, art. 40, § 101; P.L. 2003, ch. 130, § 1; P.L. 2003, ch. 144, § 1.

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>>>>>>> origin/main 31-3-63. High Sheriff Emeritus — Anthony A. Giorgio.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former high sheriff of Kent County, Anthony A. Giorgio. This plate is to bear the identification “High Sheriff Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Anthony A. Giorgio so desires.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 193, § 1.

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>>>>>>> origin/main 31-3-64. Combination plates.

  1. The administrator of the division of motor vehicles shall issue:
    1. For any motor vehicle eligible for registration as a commercial vehicle having a gross weight of eight thousand eight hundred pounds (8,800 lbs.) or less, plates designated as “combination” upon application and proper form furnished by the administrator of the division of motor vehicles to applicants. The combination plates will allow those vehicles to drive for both commercial and pleasure purposes; or
    2. For any motor vehicle eligible for registration as a commercial vehicle having a gross weight over eight thousand eight hundred pounds (8,800 lbs.) up to eleven thousand eight hundred pounds (11,800 lbs.) plates designated as “combination” upon application, proof of ownership of a camping trailer, fifth-wheel camper trailer, travel trailer, or truck camper as defined in § 31-1-3 , and proper form furnished by the administrator of the division of motor vehicles to applicants. The combination plates will allow those vehicles to drive for pleasure purposes only.
  2. The fees for commercial vehicles registering for a combination plate shall be identical to those established for other commercial vehicles of the same weight. A combination registration transaction shall be considered a change to a new registration classification and not a plate change transaction. A combination registration shall be renewable during the month of March each year.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 220, § 1; P.L. 1997, ch. 108, § 1; P.L. 2004, ch. 581, § 1; P.L. 2017, ch. 448, § 1; P.L. 2017, ch. 464, § 1.

Compiler’s Notes.

P.L. 2017, ch. 448, § 1, and P.L. 2017, ch. 464, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-65. Judge Emeritus — Paul DelNero.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Paul DelNero. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge DelNero so desires.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 290, § 1.

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>>>>>>> origin/main 31-3-66. Repealed.

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History of Section.

P.L. 1993, ch. 320, § 1; Repealed by P.L. 2000, ch. 109, § 57, effective July 7, 2000.

>>>>>>> origin/main

Compiler’s Notes.

Former § 31-3-66 concerned Roger Williams University anniversary plates.

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>>>>>>> origin/main 31-3-67. Judge Emeritus — Carmine R. DiPetrillo.

The administrator of the division of the motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former family court judge Carmine R. DiPetrillo. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge DiPetrillo so desires.

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>>>>>>> origin/main History of Section. P.L. 1994, ch. 240, § 1.

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>>>>>>> origin/main 31-3-68. Police Chief Emeritus — Vincent A. Acciardo.

The administrator of the division of the motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief Vincent A. Acciardo of the town of Johnston. The plate shall bear the identification “Police Chief Emeritus” with an appropriate number and seal of the state imprinted on the plate and the plate shall be furnished without additional registration charge for any period of time that former Chief Acciardo desires.

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>>>>>>> origin/main History of Section. P.L. 1999, ch. 292, § 1.

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>>>>>>> origin/main 31-3-69. Registration suspension based on federal determination.

The division of motor vehicles is authorized to suspend the registration of a commercial motor vehicle if the commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by a federal agency with authority to do so under federal law.

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>>>>>>> origin/main History of Section. P.L. 2000, ch. 276, § 2.

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>>>>>>> origin/main 31-3-70. Police Lieutenant Emeritus — John J. Sinotte.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of Jeanna Sinotte, the widow of deceased Police Lieutenant John J. Sinotte of the town of Johnston. The plate is to bear the identification “Police Lt. Emeritus” with the designation number “20” and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Jeanna Sinotte desires.

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>>>>>>> origin/main History of Section. P.L. 2001, ch. 104, § 1; P.L. 2001, ch. 345, § 1.

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>>>>>>> origin/main 31-3-71. Chief Justice Emeritus — Joseph R. Weisberger.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former State Supreme Court Chief Justice Joseph R. Weisberger. The plate to bear the designation “Chief Justice Emeritus”, with an appropriate designation number and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Chief Justice Weisberger desires.

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>>>>>>> origin/main History of Section. P.L. 2001, ch. 401, § 1.

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>>>>>>> origin/main 31-3-72. Special plate for Mr. Potato Head.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate commemorating the fiftieth (50th) anniversary of Mr. Potato Head. The plate shall bear the designation “Mr. Potato Head — 50th anniversary” and shall bear the seal of the state imprinted on it. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the original registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  2. A special automobile or commercial commemorative Mr. Potato Head — 50th anniversary plate shall be issued upon application using forms furnished by the administrator upon payment in addition to the regular prescribed motor vehicle registration fee, and a service charge of forty dollars ($40.00) for each issue. The service charge shall be paid to the administrator prior to the administrator’s acceptance of the application. Twenty dollars ($20.00) of the service charge shall be paid to the Rhode Island Community Food Bank and twenty dollars ($20.00) shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates.
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>>>>>>> origin/main History of Section. P.L. 2002, ch. 138, § 1; P.L. 2002, ch. 382, § 1; P.L. 2005, ch. 66, § 1; P.L. 2005, ch. 178, § 1.

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>>>>>>> origin/main 31-3-73. Police Major Emeritus, City of East Providence.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of Brooke McGregor, the widow of deceased Police Major Alister McGregor of the city of East Providence Police Department. The plate is to bear the identification “Police Major Emeritus” with the designation number to be chosen by the widow and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Brooke McGregor desires.

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>>>>>>> origin/main History of Section. P.L. 2002, ch. 220, § 1; P.L. 2002, ch. 252, § 1.

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>>>>>>> origin/main 31-3-74. Police chief emeritus.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former police chief of the town of Coventry, Roger J. Laliberte. This plate is to bear the identification “Police Chief Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for long as Roger J. Laliberte so desires.

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>>>>>>> origin/main History of Section. P.L. 2003, ch. 52, § 1; P.L. 2003, ch. 243, § 1.

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>>>>>>> origin/main 31-3-75. Senator Emeritus — William Zuccarelli.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former senator William Zuccarelli. This plate is to bear the identification “Senator Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as William Zuccarelli so desires.

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>>>>>>> origin/main History of Section. P.L. 2003, ch. 401, § 1.

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>>>>>>> origin/main 31-3-76. Special license plate decal.

  1. Notwithstanding any general law or regulation to the contrary, the administrator of the division of motor vehicles is hereby directed to make available a special license plate decal of the American flag made of the same material as the year sticker.
  2. Upon the registration or renewal of a motor vehicle registration, the division of motor vehicles shall provide the owner the option to purchase for five dollars ($5.00), the American flag decal. Such decal shall be affixed at the lower left corner of the rear license plate and shall not obscure the reading of any part of the license plate.
  3. After payment for the cost of production of the American flag decals, the next fifty thousand dollars ($50,000) generated from sales, shall be used to advertise and promote the purchase of these decals. All funds generated which exceed the production and promotion costs shall be contributed to the Rhode Island Military Family Relief Fund.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 255, § 1; P.L. 2005, ch. 260, § 1.

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>>>>>>> origin/main 31-3-77. Adjutant General Emeritus — Reginald A. Centracchio.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former Adjutant General of the Rhode Island National Guard, Reginald A. Centracchio.

This plate is to bear the identification “Adjutant General Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Reginald A. Centracchio so desires.

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 312, § 1.

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>>>>>>> origin/main 31-3-78. Special plate for Rotary International.

  1. The administrator of the division of motor vehicles is empowered to make available to the owners of private passenger motor vehicles who are members of Rotary Club International, District 7950, State of Rhode Island, special motor vehicle registration plates.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. Rotary Club motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rotary Club in conjunction with the division of motor vehicles.
  4. Rotary Club plates shall be subject to a minimum pre-paid order of at least three hundred and sixty (360) plates. Rotary Club plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Rotary Club plates shall be subject to a one-time fifty dollar ($50.00) issuance surcharge.
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>>>>>>> origin/main History of Section. P.L. 2006, ch. 317, § 1; P.L. 2006, ch. 436, § 1.

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>>>>>>> origin/main 31-3-79. Special plate for Audubon Society of Rhode Island/Save the Bay.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates based upon two (2) not-for-profit entities, the Audubon Society of Rhode Island and Save the Bay. The plate shall be designed to reference both entities.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Audubon Society of Rhode Island/Save the Bay motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles.
  4. Audubon Society of Rhode Island/Save the Bay plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Audubon Society of Rhode Island/Save the Bay plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Audubon Society of Rhode Island/Save the Bay plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually and equally; ten dollars ($10.00) per plate to the Audubon Society of Rhode Island; and ten dollars ($10.00) per plate to Save the Bay, to assist the Audubon Society of Rhode Island and Save the Bay in furtherance of their mission of preserving the state’s natural scenic beauty, fish and wildlife, and to continue the educational efforts of these respective entities. The distributions to the Audubon Society of Rhode Island and Save the Bay shall be placed in separate restricted accounts for each entity and shall be paid to the Audubon Society of Rhode Island and Save the Bay.
  8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated equally; five dollars ($5.00) per registration to the Audubon Society of Rhode Island; and five dollars ($5.00) per registration to Save the Bay.
  9. Both the Audubon Society of Rhode Island and Save the Bay will be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
  10. There shall be no refunds for early cancellation of Audubon Society of Rhode Island/Save the Bay plates.
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>>>>>>> origin/main History of Section. P.L. 2006, ch. 384, § 1; P.L. 2006, ch. 437, § 1; P.L. 2009, ch. 353, § 1.

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>>>>>>> origin/main 31-3-80. Reserve Forces plates.

  1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active and retired members of the United States Reserve Forces of Rhode Island a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or a commercial vehicle having a gross weight of eight thousand five hundred pounds (8,500 lbs.) or less.
  2. The special motor vehicle registration plate shall carry on it the designation “US Reserve Forces” and shall carry on it the titles, (Army, Marines, Navy, Air Force and Coast Guard) arranged on the left hand side of the plate from top to bottom in this order of precedence, with numerals to the right of the titles.
  3. The administrator of the division of motor vehicles shall issue the plate upon payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.
  4. For the purposes of this section an active or retired member of the United States Reserve Forces shall be defined as currently serving or having retired under honorable conditions from any of the Reserve Forces other than the Rhode Island Army or Air National Guard.
  5. In a national state of emergency, any active member of the United States Reserve Forces driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.
  6. No US Reserve Forces plates shall be issued until at least nine hundred (900) such plates have been ordered.
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>>>>>>> origin/main History of Section. P.L. 2006, ch. 643, § 1.

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>>>>>>> origin/main 31-3-81. General state officers emeritus.

The administrator of the division of motor vehicles is authorized and directed upon request to issue a special registration plate in recognition of honorable service to the state of a former state general officer for the private passenger motor vehicle of said officer to bear the identification of “Governor Emeritus”, “Lieutenant Governor Emeritus”, “Treasurer Emeritus”, “Secretary of State Emeritus”, or “Attorney General Emeritus”, whichever applies, along with an appropriate number and the seal of the state imprinted on it. The plate shall be furnished without an additional registration charge for such period as the qualified former general officer so desires.

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>>>>>>> origin/main History of Section. P.L. 2007, ch. 381, § 1; P.L. 2007, ch. 487, § 1.

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>>>>>>> origin/main 31-3-82. Special plate for WaterFire Providence.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit WaterFire Providence.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. WaterFire motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by WaterFire Providence in conjunction with the division of motor vehicles.
  4. WaterFire plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. WaterFire plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, WaterFire plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to WaterFire Providence to assist in the fiscal needs required to keep this event free for all to enjoy, and to continue in the fostering of WaterFire’s presence as an asset to Rhode Island’s economic growth and prosperity. The distribution to WaterFire Providence shall be placed in a restricted account and shall be paid to WaterFire Providence.
  8. WaterFire Providence will be required to submit an annual audit prepared by a certified public accountant before such monies are distributed.
  9. There shall be no refunds for early cancellation of WaterFire plates.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 262, § 1; P.L. 2008, ch. 468, § 1.

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>>>>>>> origin/main 31-3-83. Judge Emeritus — Vincent A. Ragosta.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former Superior Court Judge, Vincent A. Ragosta. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without an additional registration charge for such period of time as Judge Ragosta so desires.

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>>>>>>> origin/main History of Section. P.L. 2008, ch. 181, § 1.

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>>>>>>> origin/main 31-3-84. Special plate in honor of Dr. Martin Luther King, Jr.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate in honor of Dr. Martin Luther King, Jr. The plate shall bear the designation “Dr. Martin Luther King, Jr. 1929-1968” and shall bear the seal of the state imprinted on it. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the original registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  2. A special automobile or commercial commemorative Dr. Martin Luther King, Jr. plate shall be issued upon application using forms furnished by the administrator upon payment in addition to the regular prescribed motor vehicle registration fee, and a service charge of forty dollars ($40.00) for each issue. The service charge shall be paid to the administrator prior to the administrator’s acceptance of the application. The forty dollar ($40.00) service charge shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 247, § 1.

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>>>>>>> origin/main 31-3-85. Special plate for the New England Patriots Charitable Foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity, the New England Patriots Charitable Foundation, for any motor vehicle eligible for registration as an automobile, commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less, or combination vehicle.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit. <<<<<<< HEAD =======

    >>>>>>> origin/main Auction proceeds shall be apportioned and distributed for charitable purposes, in the discretion of the administrator, in accordance with such agreements as may be entered into with those entities holding ownership rights to the logos. The administrator is hereby authorized to enter into agreements for the use of logos on Rhode Island registration plates.

  3. The New England Patriots Charitable Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island State Police.
  4. New England Patriots Charitable Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates with respect to each plate type authorized pursuant to this section. New England Patriots Charitable Foundation plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the New England Patriots Charitable Foundation and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent New England Patriots Charitable Foundation plate orders will be handled by the division of motor vehicles.
  5. The administrator of motor vehicles shall develop application forms, prepayment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, New England Patriots Charitable Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the New England Patriots Charitable Foundation in furtherance of its mission of assisting the youth and families of New England through donations that foster cultural diversity, education, family, and health.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the New England Patriots Charitable Foundation.
  9. In consideration of the receipt of funds from the registration of New England Patriots Charitable Foundation plates, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island-based charitable organizations.
  10. The New England Patriots Charitable Foundation will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of New England Patriots Charitable Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2009, ch. 191, § 1; P.L. 2009, ch. 193, § 1; P.L. 2017, ch. 224, § 1; P.L. 2017, ch. 249, § 1; P.L. 2018, ch. 346, § 21.

Compiler’s Notes.

P.L. 2017, ch. 224, § 1, and P.L. 2017, ch. 249, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-86. Special plate for Friends of Plum Beach Lighthouse, Inc.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for profit Friends of Plum Beach Lighthouse, Inc. The plates shall be designed to reference Friends of Plum Beach Lighthouse, Inc.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Friends of Plum Beach Lighthouse, Inc. motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Friends of Plum Beach Lighthouse, Inc. in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The Friends of Plum Beach Lighthouse, Inc. plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Friends of Plum Beach Lighthouse, Inc. plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Friends of Plum Beach Lighthouse, Inc., and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Friends of Plum Beach Lighthouse, Inc. plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Friends of Plum Beach Lighthouse, Inc. to assist in the fiscal needs required to maintain and protect this historic site for all to enjoy, and to continue in the fostering of the Friends of Plum Beach Lighthouse’s, Inc. presence as an asset to Rhode Island’s economic growth and prosperity. The distribution to the Friends of Plum Beach Lighthouse, Inc. shall be placed in a restricted account and shall be paid to the Friends of Plum Beach Lighthouse, Inc.

  8. An additional ten dollar ($10.00) surcharge for subsequent registration renewals shall apply to holders of the plate. All proceeds shall be distributed annually to the Friends of Plum Beach Lighthouse, Inc., to assist in the fiscal needs required to maintain and protect the iconic Plum Beach Lighthouse. The distribution to the Friends of Plum Beach Lighthouse, Inc., shall be placed in a restricted account and shall be paid to the Friends of Plum Beach Lighthouse, Inc.
  9. The Friends of Plum Beach Lighthouse, Inc. will be required to submit an annual accounting report before such monies are distributed.
  10. There shall be no refunds for early cancellation of Friends of Plum Beach Lighthouse, Inc. plates.
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>>>>>>> origin/main History of Section. P.L. 2009, ch. 221, § 1; P.L. 2009, ch. 222, § 1; P.L. 2013, ch. 446, § 1; P.L. 2013, ch. 483, § 1; P.L. 2018, ch. 115, § 1; P.L. 2018, ch. 227, § 1.

Compiler’s Notes.

P.L. 2013, ch. 446, § 1, and P.L. 2013, ch. 483, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 115, § 1, and P.L. 2018, ch. 227, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 115, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 227, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-3-87. Special plate for breast cancer support.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for victims and survivors of breast cancer. The plate shall bear the designation “www.breastcancerRI.org”, and shall bear the pink ribbon associated with breast cancer support.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The “Breast Cancer Support” motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The “Breast Cancer Support” motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Rhode Island breast cancer coalition plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, “Breast Cancer Support” motor vehicle plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Breast Cancer Coalition.
  8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Chapter Breast Cancer Coalition.
  9. The Rhode Island Breast Cancer Coalition shall be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
  10. There shall be no refunds for early cancellation of “Breast Cancer Support” motor vehicle plates.
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>>>>>>> origin/main History of Section. P.L. 2009, ch. 226, § 1.

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>>>>>>> origin/main 31-3-88. Special plate in support of public education.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate in support of public education. The plate shall bear the designation “Support Public Education”, and shall bear a design chosen by the commissioner of elementary and secondary education and which shall depict a ruler and an apple.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The “Support Public Education” motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The “Support Public Education” motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates. The Rhode Island “Support Public Education” plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, “Support Public Education” motor vehicle plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates and the remaining twenty dollars ($20.00) shall be distributed annually, based upon the vehicle registration, to the local school districts for educational purposes.
  8. There shall be no refunds for early cancellation of “Support Public Education” motor vehicle plates.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 207, § 1; P.L. 2010, ch. 214, § 1.

Compiler’s Notes.

P.L. 2010, ch. 207, § 1, and P.L. 2010, ch. 214, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-89. Rhode Island law enforcement memorial benefit fund license plates.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates honoring law enforcement officers that have been killed in the line of duty. The plate shall be designed to reference Rhode Island Law Enforcement Memorial Benefit Fund plates.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The special motor vehicle plate shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles and with the final approval from the Rhode Island state police.
  4. Rhode Island Law Enforcement Memorial Benefit Fund plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates. Rhode Island Law Enforcement Memorial Benefit Fund plates shall not be issued unless the minimum order requirements are met.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Rhode Island Law Enforcement Memorial Benefit Fund plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be as follows: twenty dollars ($20.00) shall be deposited in the division of motor vehicles manufacturing account, and the remaining twenty dollars ($20.00) shall be allocated to the Rhode Island Law Enforcement Memorial Benefit Fund.
  8. There shall be no refunds for early cancellation of Rhode Island Law Enforcement Memorial Benefit Fund.
  9. A five dollar ($5.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Law Enforcement Memorial Benefit Fund.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 224, § 1; P.L. 2012, ch. 49, § 1; P.L. 2012, ch. 52, § 1.

Compiler’s Notes.

P.L. 2012, ch. 49, § 1, and P.L. 2012, ch. 52, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-90. Special plate for the Red Sox Foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity, the Red Sox Foundation for any motor vehicle eligible for registration as an automobile or commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit. <<<<<<< HEAD =======

    >>>>>>> origin/main Auction proceeds shall be apportioned and distributed for charitable purposes, in the discretion of the administrator, in accordance with such agreements as may be entered into with those entities holding ownership rights to the logos. The administrator is hereby authorized to enter into agreements for the use of logos on Rhode Island registration plates.

  3. The Red Sox Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island State Police.
  4. Red Sox Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Red Sox Foundation plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the Red Sox Foundation and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Red Sox Foundation plate orders will be handled by the division of motor vehicles.
  5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Red Sox Foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Red Sox Foundation in furtherance of their mission of assisting the youth and families of New England through donations that foster cultural diversity, education, family and health.
  8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Red Sox Foundation.
  9. In consideration of the receipt of funds from the registration of Red Sox Foundation, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island based charitable organizations.
  10. The Red Sox Foundation will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Red Sox Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 21, § 1; P.L. 2011, ch. 27, § 1.

Compiler’s Notes.

P.L. 2011, ch. 21, § 1, and P.L. 2011, ch. 27, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-91. Special plate for the Bristol Fourth of July Committee.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for the Bristol Fourth of July Committee.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Bristol Fourth of July Committee motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Bristol Fourth of July Committee in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The Bristol Fourth of July Committee plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. The Bristol Fourth of July Committee plates shall not be issued unless the minimum order requirements are met. The initial order shall be handled by the Bristol Fourth of July Committee and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Bristol Fourth of July Committee plate orders shall be handled by the division of motor vehicles.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Bristol Fourth of July Committee plates shall be subject to a forty dollar ($40) issuance surcharge.
  7. The forty dollar ($40) issuance surcharge shall be allocated as follows: twenty dollars ($20) shall be allocated to the general fund and the remaining twenty dollars ($20) shall be distributed annually to the Bristol Fourth of July Committee to assist in the fiscal needs required to conduct Bristol’s historic Fourth of July celebration. (The distribution to the Bristol Fourth of July Committee shall be placed in a restricted receipt account and shall be paid to the Bristol Fourth of July Committee.)
  8. The Bristol Fourth of July Committee will be required to submit an annual financial statement before such monies are distributed.
  9. There shall be no refunds for early cancellation of Bristol Fourth of July Committee plates.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 202, § 1; P.L. 2011, ch. 203, § 1.

Compiler’s Notes.

P.L. 2011, ch. 202, § 1, and P.L. 2011, ch. 203, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-92. Judge Emeritus — Raymond E. Shawcross.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former Family Court Judge Raymond E. Shawcross. This plate is to bear the identification “Judge Emeritus” with an appropriate number and seal of the state thereon imprinted and the plate shall be issued subject to the same terms and conditions as contained in § 31-3-47(d) for such period of time as Judge Shawcross so desires. The provisions of § 31-3-17.1 shall apply with respect to the cost of issuance and registration.

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>>>>>>> origin/main History of Section. P.L. 2012, ch. 398, § 1; P.L. 2012, ch. 410, § 1.

Compiler’s Notes.

P.L. 2012, ch. 398, § 1, and P.L. 2012, ch. 410, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-93. Special plate for the Gloria Gemma breast cancer resource foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special design motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity the Gloria Gemma breast cancer resource foundation. The plates shall be designed to reference the Gloria Gemma breast cancer resource foundation.
  2. The special design plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special design plates.
  3. The Gloria Gemma breast cancer resource foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles and with final approval from the Rhode Island state police.
  4. The Gloria Gemma breast cancer resource foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of passenger plates. The Gloria Gemma breast cancer resource foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Gloria Gemma breast cancer resource foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fees, The Gloria Gemma breast cancer resource foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be deposited in the division of motor vehicles manufacturing account and the remaining twenty dollars ($20.00) shall be distributed annually to the Gloria Gemma breast cancer resource foundation in furtherance of their mission to raise breast cancer awareness, increase breast health education and generate funding for critical breast health programs that are in desperate need of being brought to fruition.
  8. The Gloria Gemma breast cancer resource foundation will be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
  9. In consideration of the receipt of funds from the registration of the Gloria Gemma breast cancer resource foundation, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island.
  10. There shall be no refunds for early cancellation of the Gloria Gemma breast cancer resource foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2012, ch. 400, § 1.

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>>>>>>> origin/main 31-3-94. Expiration of authorization of issuance of special motor vehicle plates.

  1. The statutory authorization of the issuance of any special motor vehicle registration plates after January 1, 2013, shall expire if any statutorily mandated minimum number of prepaid orders of such plates has not been satisfied within five (5) years following the enactment of such authorization.
  2. The statutory authorization of the issuance of any special motor vehicle registration plates enacted prior to January 1, 2013, shall expire on January 1, 2018, if any statutorily mandated minimum number of prepaid orders of such plates has not been satisfied prior to that date.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 256, § 1; P.L. 2013, ch. 355, § 1.

Compiler’s Notes.

P.L. 2013, ch. 256, § 1, and P.L. 2013, ch. 355, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-95. Special plate for Woonsocket high school arts and athletics.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Woonsocket education department. The plates shall be designed to reference Villa Novan Pride.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Villa Novan Pride motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Woonsocket education department in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The Villa Novan Pride plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Villa Novan Pride plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Woonsocket education department, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Villa Novan Pride plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Woonsocket high school arts and athletics program to assist in the fiscal needs required to maintain and promote arts and athletics at Woonsocket high school, and to continue in the fostering of Villa Novan Pride throughout the community. The distribution to the Woonsocket education department shall be placed in a restricted account and applied to the Woonsocket high school arts and athletic programs. The superintendent of schools shall supervise the distribution of said funds.

  8. The Woonsocket education department will be required to submit an annual accounting report before such monies are distributed.
  9. There shall be no refunds for early cancellation of the Villa Novan Pride plates.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 440, § 1; P.L. 2013, ch. 471, § 1.

Compiler’s Notes.

P.L. 2013, ch. 440, § 1, and P.L. 2013, ch. 471, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-96. Emergency medical technician plates.

  1. The administrator of the division of motor vehicles is empowered and authorized to make available to all licensed emergency medical technicians a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or for a commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit.
  3. The emergency medical technician plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). Said plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the Hope Valley Ambulance Squad, Inc., and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
  4. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  5. The administrator of the division of motor vehicles shall issue the plate upon the payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 453, § 1; P.L. 2013, ch. 484, § 1.

Compiler’s Notes.

P.L. 2013, ch. 453, § 1, and P.L. 2013, ch. 484, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-97. Special plate for home and hospice care of Rhode Island.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit entity Home and Hospice Care of Rhode Island. The plates shall be designed to reference Home and Hospice Care of Rhode Island.
  2. The special plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Home and Hospice Care of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Home and Hospice Care of Rhode Island in conjunction with the division of motor vehicles, and with final approval from the Rhode Island state police.
  4. The Home and Hospice Care of Rhode Island plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of passenger plates per plate type (i.e. passenger, commercial, etc.). The Home and Hospice Care of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Home and Hospice Care of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met, and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fees, the Home and Hospice Care of Rhode Island plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund, and the remaining twenty dollars ($20.00) shall be distributed annually to the Home and Hospice Care of Rhode Island in furtherance of their mission to provide compassionate and skilled care to those who are seriously ill in the state of Rhode Island.

  8. The Home and Hospice Care of Rhode Island will be required to submit an annual accounting report before such monies are distributed.
  9. In consideration of the receipt of funds from the registration of the Home and Hospice Care of Rhode Island, the organization must use any Rhode Island sourced funds in and for the benefit of the state of Rhode Island.
  10. There shall be no refunds for early cancellation of the Home and Hospice Care of Rhode Island plates.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 459, § 1; P.L. 2013, ch. 468, § 1.

Compiler’s Notes.

P.L. 2013, ch. 459, § 1, and P.L. 2013, ch. 468, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-98. Special plate for the Autism Project of Rhode Island.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Autism Project of Rhode Island. The plates shall be designed to reference The Autism Project of Rhode Island.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Autism Project of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Autism Project of Rhode Island in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Autism Project of Rhode Island plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Autism Project of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Autism Project of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Autism Project of Rhode Island plates shall be subject to a forty dollars ($40.00) issuance surcharge.
  7. The forty dollars ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Autism Project of Rhode Island in furtherance of their mission to develop a comprehensive system of care and resources that meet the needs of children and adults with autism and their families, including education, health, vocational, career, social and community needs in the state of Rhode Island.

  8. The Autism Project of Rhode Island shall be required to submit an annual accounting report before such monies are distributed.
  9. There shall be no refunds for early cancellation of the Autism Project of Rhode Island plates.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 461, § 1.

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>>>>>>> origin/main 31-3-99. Special plate for the wildlife rehabilitators association of Rhode Island (WRARI).

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit Wildlife Rehabilitators Association of Rhode Island. The plates shall be designed to reference Wildlife Rehabilitators Association of Rhode Island.
  2. The special plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Wildlife Rehabilitators Association of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Wildlife Rehabilitators Association of Rhode Island in conjunction with the division of motor vehicles and with final approval from the Rhode Island state police.
  4. The Wildlife Rehabilitators Association of Rhode Island plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Wildlife Rehabilitators Association of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Wildlife Rehabilitators Association of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met, and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fees, the Wildlife Rehabilitators Association of Rhode Island plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund, and the remaining twenty dollars ($20.00) shall be distributed to the Wildlife Rehabilitators Association of Rhode Island to help further their efforts in caring for injured and orphaned wildlife. All of the money raised shall be spent in Rhode Island.

  8. The Wildlife Rehabilitators Association of Rhode Island will be required to submit an annual accounting report before such monies are distributed.
  9. There shall be no refunds for early cancellation of the Wildlife Rehabilitators Association of Rhode Island plates.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 480, § 1.

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>>>>>>> origin/main 31-3-100. General Magistrate Emeritus — John J. O’Brien.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of General Magistrate John J. O’Brien. This plate is to bear the identification “General Magistrate Emeritus” with an appropriate number and seal of the state thereon imprinted and the plate shall be issued subject to the same terms and conditions as contained in § 31-3-47(d) for such period of time as General Magistrate O’Brien so desires. The provisions of § 31-3-17.1 shall apply with respect to the cost of issuance and registration.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 511, § 1; P.L. 2013, ch. 528, § 1.

Compiler’s Notes.

P.L. 2013, ch. 511, § 1, and P.L. 2013, ch. 528, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-101. Special electric and hybrid electric vehicle registration plate designation.

The administrator of the division of motor vehicles is hereby authorized to promulgate such rules and regulations as are necessary to provide and issue a registration plate for motor vehicles powered in whole or in part by a storage battery. These plates may be made available to owners of vehicles recognized by the registry as electric-powered vehicles subject to the regular prescribed registration fee, and any transfer or remake fees, if applicable.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 371, § 1; P.L. 2014, ch. 390, § 1.

Compiler’s Notes.

P.L. 2014, ch. 371, § 1, and P.L. 2014, ch. 390, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-102. Special plate for the Boston Bruins Foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Boston Bruins Foundation. The plates shall be designed to reference The Boston Bruins Foundation.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Boston Bruins Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Boston Bruins Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Boston Bruins Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Boston Bruins Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Boston Bruins Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Boston Bruins Foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
  7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Boston Bruins Foundation in furtherance of its mission to assist charitable organizations in Rhode Island that demonstrate a strong commitment to enhancing the quality of life for children.
  8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Boston Bruins Foundation.
  9. In consideration of the receipt of funds from the registration of Boston Bruins Foundation license plate, the foundation must use any Rhode Island sources funds in, and for the benefit of, Rhode Island-based charitable organizations.
  10. The Boston Bruins Foundation will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Boston Bruins Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 350, § 1; P.L. 2014, ch. 386, § 1.

Compiler’s Notes.

P.L. 2014, ch. 350, § 1, and P.L. 2014, ch. 386, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-103. Olympic medal winners.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicles of all present and former Olympic medal winners. This plate is to bear the identification “Olympic Medal Winner” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for so long as the Olympian desires.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 363, § 1; P.L. 2014, ch. 383, § 1.

Compiler’s Notes.

P.L. 2014, ch. 363, § 1, and P.L. 2014, ch. 383, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-104. Special plate in honor of César E. Chávez.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates in honor of César E. Chávez. The plate shall be designed to reference the “César E. Chávez Committee of Rhode Island” and shall bear the seal of the state imprinted on it.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The César E. Chávez motor vehicle plates shall be the same size as regular motor-vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The César E. Chávez motor vehicle plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The César E. Chávez motor vehicle plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the César E. Chávez Committee of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the César E. Chávez plates shall be subject to a forty-dollar issuance ($40.00) surcharge.
  7. The forty-dollar issuance ($40.00) surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the César E. Chávez Scholarship Fund with the Rhode Island Foundation.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the César E. Chávez Scholarship Fund with the Rhode Island Foundation.
  9. There shall be no refunds for early cancellation of César E. Chávez motor vehicle plates.
  10. The César E. Chávez Committee of Rhode Island will be required to submit an annual accounting report before such monies are distributed.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 354, § 1; P.L. 2016, ch. 463, § 1.

Compiler’s Notes.

P.L. 2016, ch. 354, § 1, and P.L. 2016, ch. 463, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-105. Special plate for Rhode Island private colleges and universities.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the various independent, nonprofit institutions of higher education (Brown University, Bryant University, Johnson & Wales University, New England Institute of Technology, Providence College, Rhode Island School of Design, Roger Williams University, and/or Salve Regina University).
  2. The special plate(s) shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
  3. The respective independent higher-education institution’s motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. Each independent higher-education institution plate shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per institution per plate type (i.e. passenger, commercial, etc.). The respective independent higher-education institution plate shall not be issued unless the minimum-order requirements are met by the requesting institution. The initial order will be handled by the president of the Association of Independent Colleges and Universities of Rhode Island (AICU RI), or his or her designee, and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. The AICU RI president, or his or her designee, will act as program coordinator and point of contact for the division of motor vehicles. Subsequent independent higher-education institution plate orders will be handled by the division of motor vehicles.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, independent higher-education institution plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the respective independent higher-education institution as a nonprofit educational institution based in Rhode Island.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals will go to the respective independent higher-education institution.
  9. There shall be no refunds for early cancellation of independent higher-education institution plates.
  10. Any respective independent higher-education institution not pursuing or not reaching the minimum prepaid order of plates, as outlined in subsection (d), within thirty-six (36) months after this section is enacted, will not be eligible to obtain special motor vehicle registration plates as outlined above, absent further action of the general assembly.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 334, § 1; P.L. 2016, ch. 355, § 1.

Compiler’s Notes.

P.L. 2016, ch. 334, § 1, and P.L. 2016, ch. 355, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-106. Special plate for the Dorian J. Murray foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Dorian J. Murray Foundation. The plates shall be designed to reference the Dorian J. Murray Foundation.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Dorian J. Murray Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Dorian J. Murray Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Dorian J. Murray Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.) The Dorian J. Murray Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Dorian J. Murray Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Dorian J. Murray Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Dorian J. Murray Foundation in furtherance of its mission to assist charitable organizations in Rhode Island that demonstrate a strong commitment to enhancing the quality of life for children with pediatric cancer.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Dorian J. Murray Foundation.
  9. In consideration of the receipt of funds from the registration of Dorian J. Murray Foundation license plates, the foundation must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
  10. The Dorian J. Murray Foundation will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Dorian J. Murray Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 505, § 1.

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>>>>>>> origin/main 31-3-107. Police chief emeritus — Ernest Spaziano.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former police chief of the town of North Providence, Ernest Spaziano. This plate is to bear the identification of “Police Chief Emeritus,” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Ernest Spaziano so desires.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 510, § 1.

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>>>>>>> origin/main 31-3-108. Special plate for The Rocky Point Foundation, Inc.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for The Rocky Point Foundation, Inc. (hereafter referred to as “Rocky Point Foundation”). The plates shall be designed to reference Rocky Point Foundation.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
  3. The Rocky Point Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rocky Point Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Rocky Point Foundation plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rocky Point Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rocky Point Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Rocky Point Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rocky Point Foundation in furtherance of its mission.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rocky Point Foundation.
  9. The Rocky Point Foundation shall be required to submit an annual accounting report before such monies are distributed.
  10. There shall be no refunds for early cancellation of Rocky Point Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 332, § 1; P.L. 2016, ch. 353, § 1.

Compiler’s Notes.

P.L. 2016, ch. 332, § 1, and P.L. 2016, ch. 353, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-109. Special plate for Rhode Island public colleges and universities.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the various public, nonprofit institutions of higher education (Community College of Rhode Island, Rhode Island College, and/or the University of Rhode Island).
  2. The special plate(s) shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
  3. The respective public higher-education institution’s motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. Each public higher-education institution plate shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per institution per plate type (i.e. passenger, commercial, etc.). The respective public higher-education institution plate shall not be issued unless the minimum-order requirements are met by the requesting institution. The initial order will be handled by the Rhode Island commissioner of postsecondary education or his or her designee, and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. The Rhode Island commissioner of postsecondary education, or his or her designee, will act as program coordinator and point of contact for the division of motor vehicles. Subsequent public higher-education institution plate orders will be handled by the division of motor vehicles.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, public higher-education institution plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the respective public higher-education institution as a nonprofit educational institution based in Rhode Island.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals will go to the respective public higher-education institution.
  9. There shall be no refunds for early cancellation of public higher-education institution plates.
  10. Any respective public higher-education institution not pursuing or not reaching the minimum prepaid order of plates, as outlined in subsection (d), within thirty-six (36) months after this section is enacted, will not be eligible to obtain special motor vehicle registration plates as outlined above, absent further action of the general assembly.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 335, § 1; P.L. 2016, ch. 356, § 1.

Compiler’s Notes.

P.L. 2016, ch. 335, § 1, and P.L. 2016, ch. 356, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-110. Special plate for the Lupus Foundation New England.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Lupus Foundation New England. The plates shall be designed to reference the Lupus Foundation New England.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
  3. The Lupus Foundation New England motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Lupus Foundation New England, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Lupus Foundation New England plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Lupus Foundation New England plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Lupus Foundation New England and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Lupus Foundation New England plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Lupus Foundation New England in furtherance of its mission to assist charitable organizations in Rhode Island.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Lupus Foundation New England.
  9. In consideration of the receipt of funds from the registration of Lupus Foundation New England license plates, the foundation must use any Rhode Island sources funds in, and for the benefit of, Rhode Island-based charitable organizations.
  10. Lupus Foundation New England will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Lupus Foundation New England plates.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 343, § 1; P.L. 2016, ch. 372, § 1.

Compiler’s Notes.

P.L. 2016, ch. 343, § 1, and P.L. 2016, ch. 372, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-111. Gold Star Families.

  1. The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicles of all eligible members of a Gold Star Family.
  2. For the purpose of this section, “Gold Star Family” means a person eligible to receive a gold star lapel button as defined in 10 U.S.C. § 1126; provided, the death was determined to be in the line of duty.
  3. The Gold Star Family motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by Gold Star Family members who are Rhode Island residents in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
    1. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
    2. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
    3. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
  4. The applicant shall not be required to pay a service charge or a transfer charge for each plate.
  5. Only one set of “Gold Star Family” plates shall be issued to an eligible family member and only after satisfactory documentation of eligibility is presented.
  6. The owner of a motor vehicle eligible for registration as a commercial vehicle and having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued Gold Star Family plates shall continue to pay the appropriate commercial registration fee for those plates. The owner of a motor vehicle eligible for registration as a commercial vehicle having a gross weight of six thousand three hundred pounds (6,300 lbs.), but not more than twelve thousand pounds (12,000 lbs.), shall sign an affidavit at the time of application for said plates stating that the vehicle is to be used for personal use only.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 142, art. 9, § 3; P.L. 2017, ch. 190, § 1; P.L. 2017, ch. 248, § 1.

Compiler’s Notes.

P.L. 2017, ch. 190, § 1, and P.L. 2017, ch. 248, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3-112. Special plate for Gaspee Days Committee.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Gaspee Days Committee (hereafter referred to as “the Gaspee Days committee”). The plates shall be designed to reference the Gaspee Days committee.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
  3. The Gaspee Days committee motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Gaspee Days committee, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Gaspee Days committee plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Gaspee Days committee plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Gaspee Days committee and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Gaspee Days committee plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Gaspee Days committee in furtherance of its mission.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Gaspee Days committee.
  9. In consideration of the receipt of funds from the registration of the Gaspee Days plates, the foundation must use any Rhode Island sourced funds, in, and for the benefit of, Rhode Island-based charitable organizations.
  10. The Gaspee Days committee shall be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Gaspee Days committee plates.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 231, § 1; P.L. 2017, ch. 332, § 1.

Compiler’s Notes.

P.L. 2017, ch. 231, § 1, and P.L. 2017, ch. 332, § 1 enacted versions of this section that were identical except that subsection (i) as set out above was enacted only by P.L. 2017, ch. 332, and subsection (j) as set out above was enacted only by P.L. 2017, ch. 231.

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>>>>>>> origin/main 31-3-113. Special plate for Operation Stand Down RI.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity Operation Stand Down RI.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. Operation Stand Down RI motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. Operation Stand Down RI plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type including, but not limited to, passenger and commercial. Operation Stand Down RI plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by Operation Stand Down RI and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Operation Stand Down RI plate orders will be handled by the division of motor vehicles.
  5. The administrator of motor vehicles shall develop application forms, prepayment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Operation Stand Down RI plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to Operation Stand Down RI in furtherance of its mission to “support our troops: in helping struggling and homeless veterans by offering housing and supportive services necessary to their well-being.”
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to Operation Stand Down RI.
  9. In consideration of the receipt of funds from the registration of Operation Stand Down RI plates, the organization must use any Rhode Island sourced funds in and for the benefit of Rhode Island-based charitable organizations.
  10. Operation Stand Down RI will be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of Operation Stand Down RI plates.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 400, § 1.

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>>>>>>> origin/main 31-3-114. Special plate for the Rhode Island Agricultural Council.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Rhode Island Agricultural Council. The plates shall be designed to reference Rhode Island agriculture and shall feature a barn and silo.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Rhode Island Agricultural Council motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rhode Island Agricultural Council, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Rhode Island Agricultural Council plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rhode Island Agricultural Council plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rhode Island Agricultural Council and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Rhode Island Agricultural Council plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Agricultural Council in furtherance of its mission to stimulate development of an interest in agriculture, horticulture, forestry, and allied interests; create an interest in rural life and the improvement of the rural community in Rhode Island; effect a close relationship between representatives of agriculture with its allied interests and with commerce and industry; develop and carry out a complete program for efficient production and economical distribution of farm products in Rhode Island; and coordinate all agencies interested in the welfare of agriculture in Rhode Island into one association from which unified efforts toward education, legislation, and representation of agricultural interests of the state may emanate.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Agricultural Council.
  9. In consideration of the receipt of funds from the registration of the Rhode Island Agricultural Council license plate, the council must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
  10. The Rhode Island Agricultural Council shall be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of the Rhode Island Agricultural Council plates.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 393, § 1.

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>>>>>>> origin/main 31-3-115. Special plate for the Rhode Island Salt Water Anglers Foundation.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Rhode Island Salt Water Anglers Foundation. The plates shall be designed to reference the Rhode Island Salt Water Anglers Foundation and shall feature a striped bass.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Rhode Island Salt Water Anglers Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rhode Island Salt Water Anglers Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
  4. The Rhode Island Salt Water Anglers Foundation plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rhode Island Salt Water Anglers Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rhode Island Salt Water Anglers Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Rhode Island Salt Water Anglers Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Salt Water Anglers Foundation in furtherance of its mission to preserve our marine fisheries, environmental protection, restoration projects, and youth activity programs that foster recreational fishing, safety, and conservation.
  8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Salt Water Anglers Foundation.
  9. In consideration of the receipt of funds from the registration of the Rhode Island Salt Water Anglers Foundation license plate, the foundation must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
  10. The Rhode Island Salt Water Anglers Foundation shall be required to submit an annual accounting report before such monies are distributed.
  11. There shall be no refunds for early cancellation of the Rhode Island Salt Water Anglers Foundation plates.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 404, § 1; P.L. 2017, ch. 414, § 1.

Compiler’s Notes.

P.L. 2017, ch. 404, § 1, and P.L. 2017, ch. 414, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-116. Special plate for the Ocean State Animal Coalition.

  1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for the Ocean State Animal Coalition.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner, as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Ocean State Animal Coalition motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles with the design approved by the Rhode Island state police.
  4. The Ocean State Animal Coalition motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type. The Ocean State Animal Coalition plates shall not be issued unless the minimum order requirements are met. The initial order shall be handled by the Ocean State Animal Coalition and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Ocean State Animal Coalition motor vehicle plates shall be subject to a forty-dollar ($40) issuance surcharge.
  7. The forty-dollar issuance ($40) surcharge shall be allocated as follows: twenty dollars ($20) shall be allocated to the general fund, and the remaining twenty dollars ($20) shall be distributed annually to the Ocean State Animal Coalition in furtherance of its mission to improve the status and well-being of animals in Rhode Island, including subsidizing spay and neuter services for cats and dogs.
  8. The Ocean State Animal Coalition shall distribute the funds it receives as referenced in subsection (g) of this section to Rhode Island-based municipal animal shelters and other humane organizations pursuant to procedures developed in accordance with subsection (e) of this section.
  9. The Ocean State Animal Coalition shall be required to submit an annual accounting report before such monies are distributed.
  10. A ten-dollar ($10) surcharge for subsequent registration renewals shall be allocated to the Ocean State Animal Coalition.
  11. There shall be no refunds for early cancellation of Ocean State Animal Coalition motor vehicle plates.
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>>>>>>> origin/main History of Section. P.L. 2017, ch. 408, § 1; P.L. 2017, ch. 417, § 1.

Compiler’s Notes.

P.L. 2017, ch. 408, § 1, and P.L. 2017, ch. 417, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-117. Minimum prepaid special motor vehicle registration plate orders.

  1. As to any special motor vehicle registration plates that have been authorized pursuant to this chapter but that have not been issued or printed as of July 2, 2018, because the minimum number of prepaid orders for the plates has not been reached, the minimum number of plates that must be prepaid and ordered prior to the plates being made and issued shall be deemed to be six hundred (600) sets of plates per plate type. If the minimum number of prepaid plates provided pursuant to any other section of this chapter is a higher number, that number shall be deemed reduced to six hundred (600) sets of plates per plate type.
  2. As to any special plates that are authorized pursuant to this chapter after July 2, 2018, the minimum number of plates that must be prepaid and ordered prior to the plates being made and issued shall be six hundred (600) sets of plates per plate type.
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>>>>>>> origin/main History of Section. P.L. 2018, ch. 137, § 1.

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>>>>>>> origin/main 31-3-118. Special plate for Day of Portugal and Portuguese Heritage in RI, Inc.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit Day of Portugal and Portuguese Heritage in RI, Inc. The plates shall be designed to reference Day of Portugal and Portuguese Heritage in RI, Inc.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. Day of Portugal and Portuguese Heritage in RI, Inc. motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by Day of Portugal and Portuguese Heritage in RI, Inc. in conjunction with the division of motor vehicles, with the design approved by the RI state police.
  4. Day of Portugal and Portuguese Heritage in RI, Inc. plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). Day of Portugal and Portuguese Heritage in RI, Inc. plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by Day of Portugal and Portuguese Heritage in RI, Inc. and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, Day of Portugal and Portuguese Heritage in RI, Inc. plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to Day of Portugal and Portuguese Heritage in RI, Inc. to assist in the fiscal needs and in furtherance of its mission.
  8. A ten-dollar ($10) surcharge for subsequent registration renewals will go to Day of Portugal and Portuguese Heritage in RI, Inc.
  9. Day of Portugal and Portuguese Heritage in RI, Inc. will be required to submit an annual accounting report before such monies are distributed.
  10. There shall be no refunds for early cancellation of Day of Portugal and Portuguese Heritage in RI, Inc. motor vehicle license plates.
  11. In consideration of the receipt of funds from the registration of Day of Portugal and Portuguese Heritage in RI, Inc. plates, the organization must use any Rhode Island-sourced funds in and for the benefit of Rhode Island-based charitable organizations.
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>>>>>>> origin/main History of Section. P.L. 2018, ch. 29, § 1; P.L. 2018, ch. 30, § 1.

Compiler’s Notes.

P.L. 2018, ch. 29, § 1, and P.L. 2018, ch. 30, § 1 enacted nearly identical versions of this section.

Cross References.

Minimum prepaid special motor vehicle registration plate orders, § 31-3-117 .

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>>>>>>> origin/main 31-3-119. Special plate for Narragansett Council, Boy Scouts of America.

  1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit corporation Narragansett Council, Boy Scouts of America. The plates shall be designed to reference Narragansett Council, Boy Scouts of America.
  2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
  3. The Narragansett Council, Boy Scouts of America motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Narragansett Council, Boy Scouts of America in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
  4. The Narragansett Council, Boy Scouts of America plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Narragansett Council, Boy Scouts of America plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Narragansett Council, Boy Scouts of America, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
  5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
  6. In addition to the regular prescribed motor vehicle registration fee, the Narragansett Council, Boy Scouts of America plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
  7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: <<<<<<< HEAD

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    >>>>>>> origin/main Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Narragansett Council, Boy Scouts of America to assist in the furtherance of its programs in the state of Rhode Island.

  8. The Narragansett Council, Boy Scouts of America will be required to submit an annual accounting report before such monies are distributed.
  9. There shall be no refunds for early cancellation of Rhode Island Boy Scout plates.
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>>>>>>> origin/main History of Section. P.L. 2018, ch. 107, § 1; P.L. 2018, ch. 112, § 1.

Compiler’s Notes.

P.L. 2018, ch. 107, § 1, and P.L. 2018, ch. 112, § 1 enacted identical versions of this section.

Cross References.

Minimum prepaid special motor vehicle registration plate orders, § 31-3-117 .

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>>>>>>> origin/main 31-3-120. Police chief emeritus — Gary Malikowski.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former police chief of the town of West Greenwich, Gary Malikowski. This plate is to bear the identification “Police Chief Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for such period of time as Gary Malikowski may desire.

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>>>>>>> origin/main History of Section. P.L. 2018, ch. 314, § 1; P.L. 2018, ch. 344, § 1.

Compiler’s Notes.

P.L. 2018, ch. 314, § 1, and P.L. 2018, ch. 344, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-3-121. Judge emeritus — Stephen J. Capineri.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former judge of the Rhode Island family court, Stephen J. Capineri. This plate is to bear the identification “Judge Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for such period of time as Stephen J. Capineri may desire.

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>>>>>>> origin/main History of Section. P.L. 2021, ch. 300, § 1, effective July 9, 2021; P.L. 2021, ch. 301, § 1, effective July 9, 2021.

Compiler's Notes.

P.L. 2021, ch. 300, § 1, and P.L. 2021, ch. 301, § 1 enacted identical versions of this section.

Chapter 3.1 Certificates of Title and Security Interests

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>>>>>>> origin/main 31-3.1-1. Certificate of title required.

  1. Except as provided in § 31-3.1-2 , every owner of a vehicle which is in this state and for which no certificate of title has been issued by the division of motor vehicles shall make application to the division for a certificate of title of the vehicle.
  2. The division of motor vehicles shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the division to the owner or an application for title has been delivered by the owner to the division.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-2. Exclusions.

No certificate of title need be obtained for:

  1. A vehicle owned by the United States unless it is registered in this state;
  2. A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway, or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing;
  3. A vehicle owned by a nonresident of this state and not required by law to be registered in this state;
  4. A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
  5. A vehicle moved solely by human or animal power;
  6. An implement of husbandry;
  7. Special mobile equipment;
  8. A self-propelled wheelchair or tricycle for a person with a disability;
  9. A trailer without motive power and designed for carrying property, to be drawn by a motor vehicle and having a gross vehicle weight rating (GVWR) of three thousand pounds (3,000 lbs.) or less. As used herein, the term “trailer” does not include a travel trailer, a fifth-wheel trailer, or park trailer, as defined in § 31-1-3 ;
  10. Motorized bicycles; and
  11. A mobile home or other nonmotorized dwelling unit built on a chassis greater than eight feet six inches (8´ 6") in width or sixty feet (60´) in length and containing complete electrical, plumbing, and sanitary facilities, and designed to be installed on a temporary or permanent foundation for permanent living quarters.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1975, ch. 123, § 1; P.L. 1976, ch. 58, § 4; P.L. 1978, ch. 382, § 1; P.L. 1983, ch. 219, § 1; P.L. 2018, ch. 13, § 1; P.L. 2018, ch. 21, § 1; P.L. 2019, ch. 308, art. 2, § 8.

Compiler’s Notes.

P.L. 2018, ch. 13, § 1, and P.L. 2018, ch. 21, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3.1-3. Optional certificate of title.

The owner of an implement of husbandry or special mobile equipment may apply for and obtain a certificate of title on it. All of the provisions of this chapter are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this chapter is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-4. Application for first certificate of title.

  1. The application for the first certificate of title of a vehicle in this state shall be made by the owner to the division of motor vehicles on the form it prescribes and shall contain:
    1. The name, residence, and mailing address of the owner;
    2. A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;
    3. The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; and
    4. Any further information the division reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title, and the existence or nonexistence of security interests in the vehicle.
  2. If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of this security agreement and be signed by the dealer as well as the owner, and the dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also complete a security lien statement as provided in § 31-3.1-19 .
  3. If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
    1. Any certificate of title issued by the other state or country;
    2. Any other information and documents the division reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of a security interest in it; and
    3. The certificate of a person authorized by law that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the division reasonably requires.
    1. Chiefs of police, their designees, who shall be employees of the police department, or, in an emergency, the administrator of the division of motor vehicles, or his or her designee, shall conduct the inspection of the vehicle identifying number, and certify, on forms provided by the division, that it has been found to conform to the description given in the application or any other form of the identity of the vehicle the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town whose police conduct the inspection. The inspection by the chiefs of police, or their designees, who shall be employees of the police department, shall be conducted at the local city or town police station, at a municipally owned building, or at a licensed new motor vehicle dealership. This provision eliminates the responsibility for the inspection to be performed by division personnel.
    2. Upon inspection of the vehicle identifying number as provided for in this section, each vehicle identification number shall be submitted for a National Crime Information Center (NCIC) check, and the results, sometimes called the “NCIC check number,” shall be attached to the TR-5 form provided by the division or to any other form consistent with this provision that the division might reasonably require.
  5. No person, partnership, or corporation shall charge a fee in excess of ten dollars ($10.00) for obtaining a certificate of title for a motor vehicle.
  6. In the town of Exeter, the town sergeant, or designees, who shall also be employees of the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 46, § 1; P.L. 1975, ch. 245, § 1; P.L. 1977, ch. 243, § 1; P.L. 1987, ch. 118, art. 23, § 1; P.L. 1987, ch. 420, § 1; P.L. 1995, ch. 171, § 2; P.L. 1999, ch. 448, § 1; P.L. 2011, ch. 99, § 1; P.L. 2011, ch. 138, § 1; P.L. 2012, ch. 239, § 1; P.L. 2012, ch. 360, § 1; P.L. 2021, ch. 190, § 1, effective July 8, 2021; P.L. 2021, ch. 191, § 1, effective July 8, 2021.

Compiler’s Notes.

P.L. 2011, ch. 99, § 1, and P.L. 2011, ch. 138, § 1 enacted identical amendments to this section.

P.L. 2012, ch. 239, § 1, and P.L. 2012, ch. 360, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 190, § 1 and P.L. 2021, ch. 191, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-3.1-5. Examination of records.

The division of motor vehicles, receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by § 31-3.1-6 and against the record of stolen and converted vehicles required to be maintained by § 31-9-9 .

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-6. Issuance and records.

  1. The division of motor vehicles shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue, upon payment of a fee of fifty dollars ($50.00), a certificate of title of the vehicle.
  2. The division of motor vehicles shall maintain a record of all certificates of title issued by it:
    1. Under a distinctive title number assigned to the vehicle;
    2. Under the identifying number of the vehicle;
    3. Alphabetically, under the name of the owner; and
    4. At the discretion of the division of motor vehicles, in any other method it determines.
  3. Title searches, lien searches, and other transactions not cited and involving titles shall be conducted upon payment of a fee of fifty dollars ($50.00).
  4. Beginning in fiscal year 2015 all fees collected pursuant to this section shall be deposited into the Rhode Island highway maintenance account.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2009, ch. 5, art. 9, § 1; P.L. 2014, ch. 145, art. 21, § 2.

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>>>>>>> origin/main 31-3.1-7. Contents and effect of certificate.

  1. Each certificate of title issued by the division of motor vehicles shall contain:
    1. The date issued;
    2. The name and address of the owner;
    3. The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
    4. The title number assigned to the vehicle;
    5. A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and
    6. Any other data the division of motor vehicles prescribes.
  2. Unless a bond is filed as provided in § 31-3.1-9(2) , a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend “this vehicle may be subject to an undisclosed lien” and may contain any other information the division of motor vehicles prescribes. If no notice of a security interest in the vehicle is received by the division within four (4) months from the issuance of the distinctive certificate of title, it shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.
  3. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for application for a certificate of title by a transferee, the naming of a lienholder, and the assignment or release of the security interest of a lienholder.
  4. A certificate of title issued by the division of motor vehicles is prima facie evidence of the facts appearing on it.
  5. A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-8. Delivery.

The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-9. Registration without certificate of title — Bond.

If the division of motor vehicles is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the division of motor vehicles may register the vehicle but shall either:

  1. Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the division of motor vehicles as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests in it; or
  2. As a condition of issuing a certificate of title, require the applicant to file with the division of motor vehicles a bond in the form prescribed by the division of motor vehicles and executed by the applicant, and either accompanied by the deposit of cash with the division of motor vehicles or also executed by a person authorized to conduct a surety business in this state. The bond shall be in the amount equal to one and one-half (11/2) times the value of the vehicle, as determined by the division of motor vehicles. This amount will be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title of the vehicle or an account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. Any interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three (3) years or prior to that time if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the division of motor vehicles unless the division of motor vehicles has been notified of the pendency of an action to recover on the bond.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-10. Refusing certificate of title.

The division of motor vehicles shall refuse issuance of a certificate of title if any required fee is not paid or if it has reasonable grounds to believe that:

  1. The applicant is not the owner of the vehicle;
  2. The application contains a false or fraudulent statement;
  3. The applicant fails to furnish required information or documents or any additional information the division reasonably requires; or
  4. The applicant fails to furnish evidence that any tax due with reference to the motor vehicle pursuant to the provisions of chapters 18 and 19 of title 44 has been paid in accordance with regulations prescribed by the tax administrator, and on any forms that shall be approved by the tax administrator and the division of motor vehicles.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 263, art. VI, § 1.

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>>>>>>> origin/main 31-3.1-11. Lost, stolen or mutilated certificates.

  1. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the division of motor vehicles, shall promptly apply for and may obtain a duplicate upon furnishing information satisfactory to the division of motor vehicles and pay a fifty dollar ($50.00) fee. The duplicate certificate of title shall contain the legend “this is a duplicate certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it or, if none, to the owner.
  2. The division of motor vehicles shall not issue a certificate of title to a transferee upon application made on a duplicate until fifteen (15) days after receipt of the application.
  3. A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the division of motor vehicles.
  4. A person applying for a duplicate title may designate an automobile dealer as the designated recipient of the duplicate title provided, that there is no current lien holder and the applicant/owner signs an affidavit stating that the vehicle has been sold or traded to the dealer in such form as designated by the administrator of the division of motor vehicles.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2005, ch. 412, § 1; P.L. 2009, ch. 5, art. 9, § 1.

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>>>>>>> origin/main 31-3.1-12. Transfer.

  1. If the owner transfers his or her interest in a vehicle, other than by the creation of a security interest, he or she shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the division of motor vehicles.
  2. Except as provided in § 31-3.1-13 , the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and application to be mailed or delivered to the division of motor vehicles.
  3. Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his or her security agreement, either deliver the certificate to the transferee for delivery to the division of motor vehicles or upon receipt from the transferee of the owner’s assignment, the transferee’s application for a new certificate, the registration card, license plates and the required fee of fifty dollars ($50.00), mail or deliver them to the division of motor vehicles. The delivery of the certificate does not affect the rights of the lienholder under his or her security agreement.
  4. If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of § 31-3.1-20 .
  5. Except as provided in § 31-3.1-13 and as between the parties, a transfer by an owner is not effective until the provisions of this section and § 31-3.1-15 , have been complied with. However, an owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section and § 31-3.1-15 , requiring action by him or her, is not liable as owner for any subsequent damages resulting from operation of the vehicle.
  6. The administrator of the division of motor vehicles shall prescribe and/or approve a power-of-attorney form which complies with § 408(d)(1)(C) of the Motor Vehicle Information and Cost Savings Act, 49 U.S.C. § 32705(b)(2), as amended, and any regulations promulgated pursuant to it, and this form may be used in connection with transfers of title under this section to the full extent permitted by federal law.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1990, ch. 348, § 1; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2000, ch. 109, § 58; P.L. 2009, ch. 5, art. 9, § 1.

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>>>>>>> origin/main 31-3.1-13. Transfer to or from dealer — Records.

  1. If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder within ten (10) days after delivery to him of the vehicle, the dealer need not send the certificate to the division of motor vehicles. However, upon transferring the vehicle to another person other than by the creation of a security interest, the dealer shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of the security agreement, in the spaces provided for it on the certificate or as the division of motor vehicles prescribes, and mail or deliver the certificate to the division of motor vehicles with the transferee’s application for a new certificate.
  2. Every dealer shall maintain for five (5) years a record in the form the division of motor vehicles prescribes of every vehicle bought, sold, or exchanged by the dealer, or received by the dealer for sale or exchange, which shall be open to inspection by a representative of the division of motor vehicles or peace officer during reasonable business hours.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-14. Transfer by operation of law.

  1. If the interest of any owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the division of motor vehicles the last certificate of title, if available, proof of the transfer, and his or her application for a new certificate in the form the division of motor vehicles prescribes.
  2. If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the division of motor vehicles the last certificate of title, his or her application for a new certificate in the form the division of motor vehicles prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, the lienholder need not secure a new certificate of title but, upon transfer to another person shall promptly mail or deliver to the transferee or to the division of motor vehicles, the certificate, affidavit, and other documents and articles required to be sent to the division of motor vehicles by the transferee.
  3. A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the division of motor vehicles upon request of the division of motor vehicles. The delivery of the certificate pursuant to the request of the division of motor vehicles does not affect the rights of the person surrendering the certificate, and the action of the division of motor vehicles in issuing a new certificate of title as provided in this section is not conclusive upon the rights of an owner or lienholder named in the old certificate.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-15. Fees — Registration cards.

  1. An application for a certificate of title shall be accompanied by the registration card, and the required fee when mailed or delivered to the division of motor vehicles.
  2. An application for the naming of a lienholder or his assignee on a certificate of title shall be accompanied by the registration card and the required fee when mailed or delivered to the division of motor vehicles.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1972, ch. 17, § 1.

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>>>>>>> origin/main 31-3.1-16. Issuance of new certificate.

  1. The division of motor vehicles, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents and articles required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
  2. The division of motor vehicles upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents and articles required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the division of motor vehicles shall make demand for the certificate from its holder.
  3. The division of motor vehicles shall file and retain for five (5) years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated in it.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-16.1. Electronic recording of security interests.

The registrar is authorized to develop, establish and maintain an electronic data and communications system with banks, credit or other financial institutions for the purpose of electronically recording the existence of security interests under the provisions of this chapter. Where an electronic lien recording method is employed, the registrar may waive the issuance and mailing of the certificate of title to the lienholder.

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>>>>>>> origin/main History of Section. P.L. 2006, ch. 639, § 1.

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>>>>>>> origin/main 31-3.1-17. Scrapping, dismantling or destroying vehicle.

Any individual, company, or corporation that scraps, dismantles, or destroys a vehicle at its final disposition site in this state shall immediately cause the certificate of title or the salvage certificate of title to be mailed or delivered to the division of motor vehicles for cancellation.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1983, ch. 221, § 5.

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>>>>>>> origin/main 31-3.1-18. Excepted liens and security interests.

This chapter does not apply to or affect:

  1. A lien given by statute or rule of law to a supplier of services or materials for the vehicle;
  2. A lien given by statute to the United States, this state or any political subdivision of this state; or
  3. A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-19. Perfection of security interests.

  1. Unless excepted by § 31-3.1-18 , a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this chapter.
  2. A security interest is perfected by the delivery to the division of motor vehicles of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder, and the date of his or her security agreement. A security interest may also be perfected by the execution of a security lien statement and the required fee of fifty dollars ($50.00) and registration card.
  3. If a vehicle is subject to the security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
    1. If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within the following thirty (30) days for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state.
    2. If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
      1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this state.
      2. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and beyond that if, within the four (4) month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four (4) month period. If done at that time, perfection dates from the time of perfection in this state.
    3. If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state. If done at that time, perfection dates from the time of perfection in this state.
    4. A security interest may be perfected under subsection (c)(2)(ii) or subsection (c)(3) either as provided in subsection (b), or by the lienholder delivering to the division of motor vehicles a notice of security interest in the form the division of motor vehicles prescribes and the required fee.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 46, § 2; P.L. 1975, ch. 245, § 2; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2000, ch. 182, § 11; P.L. 2000, ch. 420, § 11; P.L. 2009, ch. 5, art. 9, § 1.

NOTES TO DECISIONS

In General.

A secured party’s failure to perfect her security interest according to the methods prescribed in this section precluded a finding that she had a perfected security interest in two automobiles, where all of the statutory sections under which she claimed to have perfected her security interest (perfection by possession, § <<<<<<< HEAD ======= >>>>>>> origin/main 6A-9-305 ; filing in advance of perfection, § 6A-9-312(5)(a); and good faith filing in an improper place, § 6A-9-401(2)) were preempted by this section. Her security interest in the automobiles was therefore not protected under local law against a subsequent lien creditor and was not a security interest entitled to priority over a federal tax lien. Bucci v. IRS, 653 F. Supp. 479, 1987 U.S. Dist. LEXIS 1194 (D.R.I. 1987).

Second Security Interest.

The fact that a secured party retained a motor vehicle title registration with unreleased lien from the first security agreement with a debtor was sufficient to perfect a security interest in an automobile in connection with a second security agreement with the same automobile as collateral, even though the secured party failed to obtain a new title certificate in connection with the second security agreement. Co-Op Credit Union v. Geremia, 16 B.R. 799 (D.R.I. 1982).

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>>>>>>> origin/main 31-3.1-20. Security interest — Change of certificate.

If an owner creates a security interest in a vehicle:

  1. The owner shall immediately execute the application, in the space provided for it on the certificate of title or on a separate form the division of motor vehicles prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate of application and the required fee and registration card to be delivered to the lienholder.
  2. The lienholder shall immediately cause the certificate, application, and the required fee and registration card to be mailed or delivered to the division of motor vehicles.
  3. Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the division of motor vehicles or, upon receipt from the subordinate lienholder of the owner’s application and the required fee and registration card, mail or deliver them to the division of motor vehicles with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
  4. Upon receipt of the certificate of title, the application, the required fee of fifty dollars ($50.00), and the registration card, the division of motor vehicles shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1992, ch. 15, art. 7, § 1; P.L. 1993, ch. 138, art. 85, § 6; P.L. 2009, ch. 5, art. 9, § 1.

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>>>>>>> origin/main 31-3.1-21. Assignment by lienholder.

  1. A lienholder may assign, absolutely or otherwise, his or her security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest, and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.
  2. The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the division of motor vehicles the certificate and an assignment by the lienholder named in the certificate in the form the division of motor vehicles prescribes.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-22. Release of security interest.

  1. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall, within fifteen (15) business days, execute a release of his or her security interest, in the space provided for it on the certificate or as the division of motor vehicles prescribes, and mail or deliver the certificate and release to the next lienholder named in it, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the division of motor vehicles, which shall release the lienholder’s rights on the certificate or issue a new certificate.
  2. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within ten (10) days execute a release in the form the division of motor vehicles prescribes and deliver the release to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the division of motor vehicles, or, upon receipt of the release and registration card, mail or deliver them with the certificate to the division of motor vehicles which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
  3. It shall be unlawful for the lienholder to charge any fee for the delivery of the certificate and release.
  4. Failure of the lienholder to provide the certificate and release as required by this section shall subject the lienholder to liability for any damages to the owner caused by that failure.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1985, ch. 377, § 1.

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>>>>>>> origin/main 31-3.1-23. Duty of lienholder.

A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-24. Exclusiveness of procedure.

The method provided in this chapter of perfecting and giving notice of security interests subject to the chapter is exclusive. Security interests subject to this chapter are exempted from the provisions of law which prescribe technical requirements in execution or acknowledgment of or otherwise require or relate to the filing of instruments creating or evidencing security interests.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-25. Suspension or revocation of certificates.

  1. The division of motor vehicles shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with § 31-3.1-36 , when authorized by any other provision of law or if it finds:
    1. The certificate of title was fraudulently procured or erroneously issued;
    2. The vehicle has been scrapped, dismantled or destroyed; or
    3. Upon request of the tax administrator after notice and reasonable opportunity to be heard by the tax administrator, that the taxes specified in § 31-3.1-10(4) have not been paid.
  2. Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
  3. When the division of motor vehicles suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the division of motor vehicles.
  4. The division of motor vehicles may seize and impound any certificate of title which has been suspended or revoked.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 263, art. VI, § 2.

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>>>>>>> origin/main 31-3.1-26. Powers of division of motor vehicles.

  1. The division of motor vehicles shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out the provisions of this chapter.
  2. The division of motor vehicles may:
    1. Make necessary investigations to procure information required to carry out the provisions of this chapter;
    2. Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1.

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>>>>>>> origin/main 31-3.1-27. Vehicle leases that are not sales or security interests.

In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 305, § 8.

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>>>>>>> origin/main 31-3.1-28 — 31-3.1-35. [Obsolete.]

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>>>>>>> origin/main Obsolete Sections.

These sections (P.L. 1971, ch. 100, § 1), relating to security interests in vehicles registered prior to July 1, 1972, were deleted as obsolete by the 1982 Reenactment, P.L. 1982, ch. 319, § 1.

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>>>>>>> origin/main 31-3.1-36. Court review.

A person aggrieved by an act or omission to act of the division of motor vehicles under this chapter is entitled to a review by the sixth division of the district court in accordance with the administrative procedure act of this state. A party aggrieved by a final order of the court may seek review in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16 .

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 1; P.L. 1976, ch. 140, § 13.

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>>>>>>> origin/main 31-3.1-37. Passage of title upon death of owner.

Unless otherwise provided in the last will and testament of a decedent, any motor vehicle(s) owned by the decedent shall belong, and title to them shall pass, to the surviving spouse.

  1. The administrator of the division of motor vehicles shall register the motor vehicle(s) in the name of the surviving spouse upon presentation to the division of motor vehicles of:
    1. A certified copy of the death certificate of the deceased spouse;
    2. Registration(s) of the motor vehicle(s) of the deceased spouse.
  2. No fee shall be charged to the surviving spouse for issuance of a new certificate of title.
  3. A surviving spouse shall not be charged a registration fee during the year he or she is registering the vehicle(s) in his or her name and having a new certificate of title issued,
    1. Where the deceased spouse registered that motor vehicle(s) with the division of motor vehicles; and
    2. Paid the registration fees provided in § 31-6-1 for the motor vehicle(s) for the year.
  4. Where the deceased spouse did not register the motor vehicle(s) or failed to pay a registration fee pursuant to § 31-6-1 for the year in which the surviving spouse appears to register the motor vehicle(s) and have a new title certificate issued in his or her name, then the surviving spouse shall pay a pro rata amount of the annual registration fee for the remaining months of the year.
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>>>>>>> origin/main History of Section. P.L. 1972, ch. 98, § 1; P.L. 1985, ch. 285, § 1; P.L. 2010, ch. 239, § 27.

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>>>>>>> origin/main 31-3.1-38. Effective dates — Applicability.

This chapter shall apply to all model vehicles designated as 2001 models and all subsequent model year vehicles. All vehicles designated as model years prior to 2001 shall be excluded from these provisions.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 100, § 2; P.L. 1987, ch. 118, art. 23, § 2; P.L. 1987, ch. 132, § 1; P.L. 2000, ch. 109, § 58; P.L. 2010, ch. 23, art. 9, § 2; P.L. 2019, ch. 88, art. 7, § 4.

Chapter 3.2 Snowmobiles and Recreational Vehicles

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>>>>>>> origin/main 31-3.2-1. Definitions.

For the purpose of this chapter, the terms defined in this section have the following meanings ascribed to them:

  1. “Dealer” means a person, partnership, or corporation engaged in the business of selling snowmobiles or recreational vehicles at wholesale or retail.
  2. “Director” means the director of the department of environmental management acting directly or through his or her authorized agent.
  3. “Manufacturer” means a person, partnership or corporation engaged in the business of manufacturing snowmobiles or recreational vehicles.
  4. “Operate” means to ride in, on, and control the operation of a snowmobile or recreational vehicle.
  5. “Operator” means every person who operates or is in actual physical control of a snowmobile or recreational vehicle.
  6. “Owner” means a person, other than a lienholder, having the property in or title to a snowmobile or to a recreational vehicle or entitled to the use or possession of one.
  7. “Person” includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
  8. “Recreational vehicle” means a motor vehicle including minibikes designed to travel over unimproved terrain and which has been determined by the division of motor vehicles as unsuitable for operation on the public way and not eligible for registration for such use. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors, which are not registered as farm vehicles, but shall include any three (3) wheel driven vehicle and any other four (4) wheel driven vehicle, regardless of type or design, including all classes of all-terrain vehicles.
  9. “Register” means the act of assigning a registration number of a snowmobile or recreational vehicle.
  10. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.
  11. “Snowmobile” means a motor vehicle designed to travel over ice or snow supported in whole or in part by skis, belts, cleats, or low-pressure tires.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 1972, ch. 85, § 1; P.L. 1978, ch. 334, § 1; P.L. 1987, ch. 412, § 1; P.L. 1988, ch. 413, § 1.

NOTES TO DECISIONS

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Use of Snowmobiles on Public Roads.

The fact that a snowmobile is “designed to travel over ice or snow” has no bearing on the issue of its design for use on public roads. The fact that snowmobiles are designed for use on ice and snow does not mean that they are not designed as well for use on public roads. Sentry Ins. Co. v. Castillo, 574 A.2d 138, 1990 R.I. LEXIS 90 (R.I. 1990).

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Use of Snowmobiles on Public Roads.

The fact that a snowmobile is “designed to travel over ice or snow” has no bearing on the issue of its design for use on public roads. The fact that snowmobiles are designed for use on ice and snow does not mean that they are not designed as well for use on public roads. Sentry Ins. Co. v. Castillo, 574 A.2d 138, 1990 R.I. LEXIS 90 (R.I. 1990).

>>>>>>> origin/main

Collateral References.

Products liability: all-terrain vehicles (ATV’s). 83 A.L.R.4th 70.

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>>>>>>> origin/main 31-3.2-2. Registration.

  1. General requirements.  Except as provided in this chapter, no person shall operate any snowmobile or recreational vehicle within the state unless the snowmobile or recreational vehicle has been registered in accordance with this chapter. Any operator of any snowmobile or recreational vehicle not registered in accordance with this chapter shall be deemed guilty of a civil violation and be subject to a fine of one hundred dollars ($100) for each offense. All recreational vehicles sold by a dealer shall be registered at time of sale of such vehicle. Any recreational vehicle purchased for use exclusively outside of the state of Rhode Island shall not require registration at the time of purchase; provided that the purchaser of such recreational vehicle shall sign a declaration, provided by the director via the dealer, stating that the purchaser understands the conditions under which a recreational vehicle must be registered and the penalty for violation of such registration requirements. Each signed declaration shall be forwarded by the dealer to the director.
    1. Recreational vehicle safety course and safety certificate.  The director shall establish a curriculum or curricula for a recreational vehicle safety training course or courses. Any such curriculum may include, but not be limited to, on-vehicle training and safe riding practices. The director may establish different courses and curricula for different types of recreational vehicles. The director may permit any such safety training course to be given by any private person, club, association or municipality that meets standards established by the director. The director may establish a reasonable fee that any such person or entity may charge for such course or courses.
    2. The safety course shall be required for all first time recreational vehicle buyers, as well as all operators under the age of sixteen (16). Proof of completion of safety course shall be carried while operating any recreational vehicle off private property.
  2. Application  — Issuance — Reports. Application for registration shall be made to the director in such form as the director shall prescribe, and shall state the name and address of every owner of the snowmobile or recreational vehicle and be signed by at least one owner. Upon receipt of the application and the appropriate fee, the snowmobile or recreational vehicle shall be registered and a reflectorized identification number assigned which shall be affixed to the snowmobile or recreational vehicle in such manner as the director shall prescribe.
  3. Fees for registration.
    1. The fee for registration of each snowmobile or recreational vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (c)(1) or (c)(2) shall be as follows: twenty-five dollars ($25.00) for one year and one dollar ($1.00) for a duplicate or transfer.
    2. The total registration fee for all snowmobiles or recreational vehicles owned by a dealer and operated for demonstration or testing purposes shall be twenty-five dollars ($25.00) per year.
    3. The total registration fee for all snowmobiles or recreational vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be one hundred dollars ($100) per year. Dealer and manufacturer registrations are not transferable.
    4. In addition to the registration fees enumerated in subdivisions (1) — (3) of this subsection, an annual registration fee of ten dollars ($10.00) for residents and twenty dollars ($20.00) for nonresidents on all off-road facilities established by the department of environmental management for such purposes. No person shall operate any recreational vehicles on off-road facilities which has not been registered as required by this subdivision.
  4. Renewal.  Every owner of a snowmobile or recreational vehicle shall renew his or her registration in such manner as the director shall prescribe, upon payment of the same registration fees provided in subsection (c).
  5. Snowmobiles or recreational vehicles owned by state or political subdivision.  A registration number shall be issued without the payment of a fee for snowmobiles or recreational vehicles owned by the state of Rhode Island or a political subdivision of the state upon application for it.
  6. Exemptions.  No registration under this section shall be required for the following described snowmobiles or recreational vehicles:
    1. Snowmobiles or recreational vehicles owned and used by the United States, another state, or a political subdivision of the United States or another state.
  7. Special Permits.  The director of environmental management may issue special permits to out of state snowmobiles or recreational vehicles from a state or country where registration is not required to operate in Rhode Island for limited periods of time not to exceed thirty (30) days in connection with organized group outings, trail rides, races, rallies, and other promotional events.
  8. Non-resident recreational vehicle registration.  The registration provisions of this section shall not apply to non-resident owners who have registered their recreational vehicles in compliance with the registration and licensing laws of the state, province, district or country of residence in which they reside, provided that the recreational vehicle is appropriately identified in accordance with the laws of the state of residence. The provisions of this subsection shall not apply to a resident of another state, province, district or country that does not have a recreational vehicle registration and identification law.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 1987, ch. 387, § 1; P.L. 1988, ch. 413, § 2; P.L. 1999, ch. 218, art. 6, § 2; P.L. 2000, ch. 109, § 59; P.L. 2004, ch. 595, art. 33, § 7; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

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>>>>>>> origin/main 31-3.2-3. Disposition of fees.

All fees from registration of snowmobiles or recreational vehicles shall be deposited as general revenues.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 1987, ch. 387, § 1; P.L. 1995, ch. 370, art. 40, § 102.

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>>>>>>> origin/main 31-3.2-4. Transfer or termination of ownership.

Within fifteen (15) days after the transfer of ownership, or any part of it, other than a security interest, or the destruction or abandonment of any snowmobile or recreational vehicle, written notice of that transfer or destruction shall be given to the director in any form that he or she shall prescribe.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1.

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>>>>>>> origin/main 31-3.2-4.1. Operation of snowmobile or recreational vehicle without permission — Penalty.

  1. No person shall operate any snowmobile or recreational vehicle upon any property or premises owned by another person without the consent in writing of the owner of the property or premises.
  2. No person shall operate any snowmobile or recreational vehicle which is owned by another person without the consent in writing of the owner.
  3. Penalties.  Any person who shall violate the provisions of this section shall be guilty of a civil violation and be subject to a fine of not more than one hundred dollars ($100) for each offense.
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>>>>>>> origin/main History of Section. P.L. 1988, ch. 413, § 3; P.L. 1999, ch. 218, art. 6, § 2.

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>>>>>>> origin/main 31-3.2-5. Licensing by political subdivisions.

No political subdivision of this state shall require licensing or registration of snowmobiles or recreational vehicles.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1.

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>>>>>>> origin/main 31-3.2-6. Rules and regulations.

  1. With a view of achieving maximum use of snowmobiles and/or recreational vehicles, the director of natural resources shall adopt rules and regulations for the following purposes:
    1. Registration of snowmobiles and recreational vehicles and display of registration numbers.
    2. Use of snowmobiles and recreational vehicles insofar as game and fish resources are affected.
    3. Use of snowmobiles and recreational vehicles on public lands and waters under the jurisdiction of the director.
    4. Uniform signs to be used by the state, counties, cities and towns, which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles and recreational vehicles.
    5. Specifications relating to snowmobiles and recreational vehicles’ mufflers.
  2. The administrator of the division of motor vehicles may adopt rules and regulations not inconsistent with this chapter in the manner provided by this title regulating the use of snowmobiles and recreational vehicles on streets and highways.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

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>>>>>>> origin/main 31-3.2-7. Operation.

Operation on streets and highways.

    1. No person shall operate a snowmobile or recreational vehicle upon the roadway shoulder, on the inside bank or slope on any highway in this state, or elsewhere within the right of way, except as provided in this chapter. No snowmobile or recreational vehicle shall be operated at any time within the right of way of any interstate highway or freeway within this state.
    2. A snowmobile or recreational vehicle may make a direct crossing of a street or highway at any hour of the day provided:
      1. The crossing is made at an angle of approximately ninety degrees (90 degrees) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
      2. The snowmobile or recreational vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
      3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard;
      4. In crossing a divided highway the crossing is made only at an intersection of the highway, with another public street or highway; and
      5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
    3. No snowmobile or recreational vehicle shall be operated upon a public street or highway unless it is equipped with at least one head lamp and one tail lamp, each of minimum candlepower as prescribed by regulations of the director; reflector material of a minimum area of sixteen (16) square inches mounted on each side forward of the handlebars; and with brakes. All of these shall conform to standards prescribed by rule of the director.
    4. A snowmobile or recreational vehicle may be operated upon a public street or highway other than as provided by subsection (a)(2) in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.

      (i) International contests, use of highways, etc. Nothing in this section shall prohibit the use of snowmobiles or recreational vehicles within the right of way of any highway or upon public lands or waters under the jurisdiction of the director of environmental management in any international contest, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters.

      (ii) Operation generally. It shall be unlawful for any person to drive or operate any snowmobile or recreational vehicles in the following unsafe or harassing ways:

      1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
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      2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to it;
      3. While under the influence of intoxicating liquor or narcotics, or habit-forming drugs;
      4. Without a lighted head light and tail light when required for safety;
      5. In any tree nursery or planting in a manner which damages or destroys growing stock; or
      6. Without the operator and passengers wearing a helmet equipped with a face guard of a type approved by the administrator of the division of motor vehicles. =======
      7. Operation generally.  It shall be unlawful for any person to drive or operate any snowmobile or recreational vehicles in the following unsafe or harassing ways:
        1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
        2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to it;
        3. While under the influence of intoxicating liquor or narcotics, or habit-forming drugs;
        4. Without a lighted head light and tail light when required for safety;
        5. In any tree nursery or planting in a manner which damages or destroys growing stock; or
        6. Without the operator and passengers wearing a helmet equipped with a face guard of a type approved by the administrator of the division of motor vehicles.
        >>>>>>> origin/main
  2. The provisions of §§ 31-27-2 and 31-27-2 .1 relating to weight of alcohol in the defendant’s blood and its admission as evidence shall apply to subparagraph (C) of this paragraph.
  3. It shall be unlawful for any person to drive or operate any snowmobile or other motorized recreational vehicle upon any above-ground reservoir property of the Woonsocket reservoir in the towns of North Smithfield, Lincoln, and Smithfield, and in the city of Woonsocket. Any person who shall violate the provisions of this section shall be guilty of a civil violation and be punished by a fine of not more than fifty dollars ($50.00) for the first offense and by a fine of one hundred dollars ($100) for any subsequent offense.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 1974, ch. 67, § 1; P.L. 1974, ch. 80, § 1; P.L. 1999, ch. 218, art. 6, § 2.

Collateral References.

Accidents involving negligence in operation of snowmobile, skimobile, or similar vehicle. 42 A.L.R.3d 1422.

Criminal liability based on violation of statute or ordinance specifically regulating operation of snowmobile. 45 A.L.R.3d 1438.

Liability for negligent operation of a dune buggy. 2 A.L.R.4th 795.

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>>>>>>> origin/main 31-3.2-7.1. Operation prohibited within valley marshes.

No person shall operate a motorcycle, recreational vehicle or other motorized vehicle within the Blackstone Valley Flood Plains or Marshes, also known as the “Valley Marshes.”

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>>>>>>> origin/main History of Section. P.L. 1980, ch. 77, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

Collateral References.

Accidents involving negligence in operation of snowmobile, skimobile or similar vehicle. 42 A.L.R.3d 1422.

Criminal liability based on violation of statute or ordinance specifically regulating operation of snowmobiles. 45 A.L.R.3d 1438.

Liability for negligent operation of a dune buggy. 2 A.L.R.4th 795.

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>>>>>>> origin/main 31-3.2-8. Mufflers.

Except as provided in this section, every snowmobile or recreational vehicle shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile or recreational vehicle noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on:

  1. Private lands, with the permission of the owner, lessee or custodian of the land;
  2. Public lands and water under the jurisdiction of the director, with the director’s permission; or
  3. Other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile or recreational vehicle any muffler that fails to comply with the specifications required by the rules and regulations of the director after the effective date of the rules and regulations.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 1992, ch. 324, § 10; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

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>>>>>>> origin/main 31-3.2-9. Crossing of highways by youthful operators — Prohibitions.

  1. No person under sixteen (16) years of age shall make a direct crossing of a state highway as the operator of a snowmobile or recreational vehicle. A person sixteen (16) years of age or older, but less than eighteen (18) years of age, may make a direct crossing of a highway only if he or she has in his or her immediate possession a valid motor vehicle operator’s license.
  2. No one shall carry a firearm, rifle, or shotgun in or on a snow vehicle, a recreational vehicle, or on a trailer or sled attached to one unless such firearm, rifle, or shotgun is unloaded and in an enclosed case, unless he or she is a law enforcement officer or other person authorized to carry arms.
  3. It is unlawful for the owner of a snowmobile or recreational vehicle to permit the snowmobile or recreational vehicle to be operated contrary to the provisions of this section. Nothing contained in this section shall be construed to supersede the powers of any department of the state, nor of any city, town, commission, or body having authority to regulate the use of lands, waters, or ways within their respective control, or jurisdiction from adopting rules, regulations, ordinances, or by-laws not repugnant to law as to the operation of snow vehicles or recreational vehicles on such lands, waters, or ways, including the prohibition of such operation. Nothing contained in this chapter shall be deemed to constitute a license to operate snow vehicles or recreational vehicles on private land. Any person who operates a snowmobile upon the land of another shall stop and identify himself or herself upon the request of the landowner or his or her duly authorized representative, and if requested to do so by the owner or representative, shall promptly remove the snowmobile from the premises.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1.

Collateral References.

Accidents involving negligence in operation of snowmobile, skimobile, or similar vehicle. 42 A.L.R.3d 1422.

Liability for negligent operation of a dune buggy. 2 A.L.R.4th 795.

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>>>>>>> origin/main 31-3.2-10. Penalties.

Any person who violates any provisions of this chapter or any regulation of the director of the department of environmental management or the administrator of the division of motor vehicles shall be guilty of a misdemeanor for a first offense and be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ninety (90) days, or both, and shall be required to take or retake a safety education certificate course that has been approved by the director; for a second offense, be punished by a fine of not more than two hundred fifty dollars ($250) or by imprisonment for not more than ninety (90) days, or both; and for a third or subsequent offense, be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days, or both. The director may suspend or revoke the registration of a snow vehicle or a recreational vehicle, after a hearing, for good cause which shall include, but not be limited to:

  1. Nonownership by the applicant;
  2. The failure of the vehicle to meet equipment standards after the owner has received notice to comply with the standards;
  3. Operation of the vehicle improperly or in such a manner as to cause damage to any property or death or injury to any person, or that the registrant has allowed or permitted the vehicle to be so operated.
  4. Repeat violations of this chapter or any associated regulation.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 117, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

Collateral References.

Criminal liability based on violation of statute or ordinance specifically regulating operation of snowmobiles. 45 A.L.R.3d 1438.

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>>>>>>> origin/main 31-3.2-11. Liability for negligence.

Negligence in the use of operation of a recreational vehicle shall be attributable to the owner. Every owner of a recreational vehicle used or operated in this state shall be liable and responsible for injury or death or damage to property resulting from negligence in the use or operation of such vehicle by any person using or operating the same with the permission, express or implied, of such owner; provided, however, that such operator’s negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death.

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>>>>>>> origin/main History of Section. P.L. 2008, ch. 127, § 2; P.L. 2008, ch. 179, § 2.

Chapter 3.3 Electric Vehicle Charging Stations

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>>>>>>> origin/main 31-3.3-1. Accessibility of charging stations for electric vehicles.

The department of transportation, along with the division of motor vehicles and the office of energy resources, shall develop, no later than January 1, 2022, a plan for a statewide electric vehicle charging station infrastructure in order to make electric vehicle charging stations more accessible to the public.

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>>>>>>> origin/main History of Section. P.L. 2021, ch. 389, § 1, effective July 13, 2021; P.L. 2021, ch. 390, § 1, effective July 13, 2021.

Compiler's Notes.

P.L. 2021, ch. 389, § 1, and P.L. 2021, ch. 390, § 1 enacted identical versions of this chapter.

Chapter 4 Transfer of Vehicles

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>>>>>>> origin/main 31-4-1. Expiration of registration by transfer of interest in vehicle — Disposition of plates.

Whenever the owner of a registered vehicle transfers or assigns his or her title or interest in ownership, or whenever he or she shall request the transfer of the registration to another vehicle owned by him or her, or shall remove the vehicle from the highways of this state to be used solely upon his or her property, the registration of the vehicle shall expire. The owner shall remove the registration plates from the vehicle and forward them to the division of motor vehicles, or may have such plates and the registration number thereon assigned to another vehicle upon payment of the fees required by law and subject to the rules and regulations of the division of motor vehicles. Any corporation or limited liability company in the business of providing vehicle leasing or vehicle rental may cancel a registration by submitting a sworn, notarized affidavit to the division of motor vehicles stating that the registration plates are unavailable due to loss, theft, or other reasons.

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History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-1 ; P.L. 1999, ch. 495, § 1; P.L. 2009, ch. 362, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-1 ; P.L. 1999, ch. 495, § 1; P.L. 2009, ch. 362, § 1.

>>>>>>> origin/main

Cross References.

Transfer to defeat purposes of safety responsibility law, § 31-33-4 .

Vehicle sold on conditional sale, unauthorized transfer, § 11-41-17 .

Comparative Legislation.

Transfer of ownership:

Conn. Gen. Stat. § 14-16.

Mass. Ann. Laws ch. 90, § 2 et seq.

Collateral References.

Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicle. 37 A.L.R. 1465; 52 A.L.R. 701; 63 A.L.R. 688; 94 A.L.R. 948.

Rights of seller of motor vehicle with respect to purchase price or security on failure to comply with transfer of title laws. 58 A.L.R.2d 1351.

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>>>>>>> origin/main 31-4-2. Endorsement and forwarding of registration card.

The owner shall also endorse the name and address of the transferee and the date of transfer upon the reverse side of the registration card issued for the vehicle and shall immediately forward the card to the division of motor vehicles. However, the number plates need not be returned if the owner shall, within ten (10) days of such transfer or assignment, secure the registration of another vehicle.

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History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2826, § 8; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-2 .

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2826, § 8; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-2 .

>>>>>>> origin/main

Collateral References.

Certificate of title or registration, statute as to endorsement and transfer of, on sale of motor vehicle as exclusive method of transferring title. 114 A.L.R. 697.

Failure to assign certificate of title as making sale void. 136 A.L.R. 814.

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>>>>>>> origin/main 31-4-3. Temporary registration — Invoice voucher issued by dealer.

  1. Any person who purchases a motor vehicle from a bona fide licensed dealer and who presently has a motor vehicle registered in this state, may, when the vehicle purchased is of the same type as the presently owned and registered vehicle, operate the newly acquired motor vehicle for a period of twenty (20) days following the date of the original dated voucher. During this period any operator of the newly acquired vehicle shall carry the original dated bill of sale or invoice voucher which shall be accompanied by a numbered state sales tax form. The voucher or bill of sale shall recite the registration number to be transferred from the former vehicle to the newly acquired vehicle.
  2. The bill of sale or invoice voucher shall be sequentially and numerically identified, dated on the day of sale, and shall be valid for not more than twenty (20) days following the date of the original dated voucher. No dealer or any other person shall extend or alter the date nor shall a new bill of sale be issued to the purchaser as a means to circumvent this section.
  3. Every dealer shall keep a sequential record of each temporary certificate issued and those records shall be available during business hours for examination by any police officer or inspector of the division of motor vehicles as designated by the administrator of the division of motor vehicles.
  4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
<<<<<<< HEAD

History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2698, § 1; G.L. 1956, § 31-4-3 ; P.L. 1962, ch. 198, § 1; P.L. 1969, ch. 91, § 1; P.L. 1983, ch. 205, § 1; P.L. 2002, ch. 292, § 104.

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2698, § 1; G.L. 1956, § 31-4-3 ; P.L. 1962, ch. 198, § 1; P.L. 1969, ch. 91, § 1; P.L. 1983, ch. 205, § 1; P.L. 2002, ch. 292, § 104.

>>>>>>> origin/main

NOTES TO DECISIONS

Intention of Legislature.

There is no language in P.L. 1959, ch. 97 as it amends § 44-18-21 which either expressly or impliedly repeals or otherwise modifies the provisions of this section. In enacting ch. 97 the legislature clearly intended to exempt motor vehicle dealers from the requirement of the Sales and Use Tax Act which obligated them to collect sales and use taxes and to transmit the same to the tax administrator or his duly authorized deputy or agent. It was intended to no longer permit such retailers to act as authorized collectors of sales and use taxes on behalf of the state but that they could continue to issue temporary certificates of registration notwithstanding such enactment. Opinion to Governor, 89 R.I. 329 , 153 A.2d 168, 1959 R.I. LEXIS 100 (1959).

Purpose of Section.

The temporary certificate of registration provided for in this section is not an original or transferal registration within the meaning of P.L. 1959, ch. 97 as it amends § 44-18-21 . The two statutes are not dependent upon each other. The whole purpose of the temporary certificate of registration statute would be lost if the temporary certificate of registration provided for in this section were to be construed as constituting an original or transferal registration within the meaning of the provisions of ch. 97. Opinion to Governor, 89 R.I. 329 , 153 A.2d 168, 1959 R.I. LEXIS 100 (1959).

The temporary certificate referred to in this section is a temporary transferal certificate of registration, not an original or transferal registration within the meaning of P.L. 1959, ch. 97 as it amends § 44-18-21 or subject to the mandates of the provisions thereof. Opinion to Governor, 89 R.I. 329 , 153 A.2d 168, 1959 R.I. LEXIS 100 (1959).

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>>>>>>> origin/main 31-4-4. Registration by transferee.

The transferee before operating or permitting the operation of an acquired vehicle upon a highway shall apply for and obtain the registration for it, as upon an original registration, except as otherwise permitted in §§ 31-4-5 — 31-4-7 .

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History of Section. P.L. 1950, ch. 2595, art. 4, § 2; G.L. 1956, § 31-4-4 .

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 2; G.L. 1956, § 31-4-4 .

>>>>>>> origin/main

Collateral References.

Lack of proper automobile registration as evidence of operator’s negligence. 29 A.L.R.2d 963.

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>>>>>>> origin/main 31-4-5. Dealers exempt from new registration.

When the transferee of a vehicle is a dealer who holds the vehicle for resale and lawfully operates the vehicle under dealers’ number plates or when the transferee does not drive the vehicle or permit it to be driven upon the highways, the transferee shall not be required to obtain a new registration of the vehicle.

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History of Section. P.L. 1950, ch. 2595, art. 4, § 3; G.L. 1956, § 31-4-5 .

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 3; G.L. 1956, § 31-4-5 .

>>>>>>> origin/main 31-4-6. Transfer of interest by operation of law.

Whenever the title or interest of an owner in or to a registered vehicle shall pass to another otherwise than by voluntary transfer, the registration for the vehicle shall expire and the vehicle shall not be operated upon any highway unless and until the person entitled to possession of the vehicle shall apply for and obtain the registration for it. However, when the title or interest of the owner passes to another by reason of death, insolvency, or bankruptcy, the vehicle may continue to be operated under the registration previously issued for it until the possession of the vehicle has been transferred by the legal representative, assignee, receiver, or trustee in bankruptcy, or until the registration shall expire, whichever shall first occur.

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History of Section. P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-6 .

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-6 .

>>>>>>> origin/main 31-4-6.1. Transfer of interest between spouses.

Whenever a person transfers his or her interest or title in or to a registered vehicle to his or her spouse, the administrator of the division of motor vehicles shall not transfer the registration unless the application is accompanied by a separate signed and notarized statement from the transferor indicating his or her approval of the transfer.

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>>>>>>> origin/main History of Section. P.L. 1969, ch. 90, § 1.

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>>>>>>> origin/main 31-4-7. Repossession of vehicle.

In the event of repossession of a motor vehicle under a rental agreement, lease, contract of conditional sale, or other title retention agreement, or in the event title becomes vested in the holder of a lien, mortgage, or encumbrance upon a motor vehicle, the person repossessing or so obtaining title may apply to the division of motor vehicles for and obtain bailee registration plates, and may operate the vehicle under those special plates only for purposes of transporting the same to a garage or warehouse, or for purposes of demonstrating or selling the same. Whoever shall so obtain possession of a vehicle shall return the registration plates found on the vehicle and the registration card, if available, to the division of motor vehicles within five (5) days thereof.

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History of Section. P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-7 .

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-7 .

>>>>>>> origin/main

Cross References.

Secured party’s right to take possession after default, § <<<<<<< HEAD ======= >>>>>>> origin/main 6A-9-503 .

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>>>>>>> origin/main 31-4-8. Dismantled vehicles.

  1. Any owner dismantling or wrecking any registered vehicle shall immediately forward to the division of motor vehicles, the registration card, and the registration plate or plates last issued for that vehicle.
  2. Any motor vehicle, if repaired must be inspected and approved by the motor vehicles enforcement division prior to registration and, if required, reissuance of a new Rhode Island vehicle identification plate.
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History of Section. P.L. 1950, ch. 2595, art. 4, § 5; G.L. 1956, § 31-4-8 ; P.L. 1974, ch. 207, § 1; P.L. 1979, ch. 229, § 1; P.L. 1983, ch. 221, § 4.

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History of Section.

P.L. 1950, ch. 2595, art. 4, § 5; G.L. 1956, § 31-4-8 ; P.L. 1974, ch. 207, § 1; P.L. 1979, ch. 229, § 1; P.L. 1983, ch. 221, § 4.

>>>>>>> origin/main

Cross References.

Return of registration plates for vehicle destroyed or disposed of, § 31-33-14 .

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>>>>>>> origin/main 31-4-8.1. Penalties.

Any individual, company, corporation, owner, or any insurance firm or representative thereof who violates any of the provisions of § 31-4-8 shall be guilty of a felony and shall be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

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>>>>>>> origin/main History of Section. P.L. 1979, ch. 229, § 1; P.L. 1992, ch. 324, § 11.

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>>>>>>> origin/main 31-4-9. Out-of-state purchases.

Any person who purchases a motor vehicle outside the state of Rhode Island from a bona fide licensed dealer and who presently has a motor vehicle registered in this state may, when the new vehicle purchased is of the same type, and has the same number of wheels as the presently owned and registered vehicle, operate the newly acquired motor vehicle for a period beginning at the date of transfer until five o’clock (5:00) p.m. of the third division of motor vehicles business day following the date of transfer provided that the number plates issued upon registration of the transferred motor vehicle are attached to the newly acquired vehicle. During this period any operator of the newly acquired vehicle shall carry an original dated copy of the bill of sale reciting the registration number to be transferred from the former vehicle to the newly acquired vehicle.

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>>>>>>> origin/main History of Section. P.L. 1972, ch. 7, § 1.

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>>>>>>> origin/main 31-4-10. Temporary transfer of registration.

  1. A person who transfers the ownership of a registered motor vehicle or trailer owned by him or her to another or who loses possession of it and who intends to transfer the registration of the motor vehicle or trailer to a newly acquired vehicle may, subject to other provisions of the title, operate the newly acquired motor vehicle or trailer for a period beginning from the date of transfer until five o’clock (5:00) p.m. of the second division of motor vehicles business day following the date of transfer within the period of which the transferred vehicle was registered, provided that the number plates issued upon registration of the transferred motor vehicle are attached to the newly acquired vehicle, and a true copy of the bill of sale is sent to the division of motor vehicles within twenty-four (24) hours of the transfer.
  2. During these periods, any operator of a newly acquired vehicle shall carry an original copy of the bill of sale reciting the registration number to be transferred from the former vehicle to the newly acquired vehicle, the date of the sale or transfer, the make and identification number of the vehicle, and the signature and address of the seller.
  3. This section shall apply only to transfer of registration between vehicles of the same type and with the same number of wheels.
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>>>>>>> origin/main History of Section. P.L. 1979, ch. 399, § 1.

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>>>>>>> origin/main 31-4-11. Sale of automobiles — Required equipment.

  1. No automobile shall be sold, whether new or used, by a dealer, at wholesale or retail, unless the automobile is equipped with a spare tire and a jack, both of which must be functional and operational. The provisions of this section shall not apply:
    1. To an automobile equipped with tires that without any tire air inflation permit vehicle operation for at least fifty (50) miles at speeds up to at least fifty-five (55) miles per hour; or
    2. An automobile equipped with a factory installed tire repair and inflation system.
  2. A violation of this section shall constitute a misdemeanor.
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>>>>>>> origin/main History of Section. P.L. 1985, ch. 82, § 1; P.L. 1995, ch. 257, § 1; P.L. 1999, ch. 286, § 1.

Chapter 5 Dealers’, Manufacturers’, and Rental Licenses

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>>>>>>> origin/main 31-5-1. Definitions.

  1. Whenever the words “licensor” and/or “department” are used in chapters 5 and 5.1 of this title, they shall mean the “department of revenue”.
  2. For the purposes of this section, an electric motorized bicycle as defined in § 31-1-3(g) is not considered a motor vehicle.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 13; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-1 ; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2002, ch. 56, § 5; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 13; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-1 ; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2002, ch. 56, § 5; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

>>>>>>> origin/main

Compiler’s Notes.

The reference in subsection (b) of this section to subdivision 31-1-3(f) was changed to 31-1-3(g) to reflect the amendment to that section.

Cross References.

Rhode Island Equipment Dealership Act, § 6-46-1 et seq.

NOTES TO DECISIONS

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Licensing by Localities.

Where the city council, after its first denial of a second-hand dealer’s license was quashed as an abuse of discretion, again denied the application for a license and, in an action for mandamus, raises for the first time the issue that it is without jurisdiction to issue such a license because the state has, by this chapter, pre-empted the right to issue such licenses, the court will not consider such question, but require the council to consider the applicant’s petition and to act reasonably in the matter. Novak v. City Council of Pawtucket, 99 R.I. 529 , 209 A.2d 58, 1965 R.I. LEXIS 473 (1965).

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Licensing by Localities.

Where the city council, after its first denial of a second-hand dealer’s license was quashed as an abuse of discretion, again denied the application for a license and, in an action for mandamus, raises for the first time the issue that it is without jurisdiction to issue such a license because the state has, by this chapter, pre-empted the right to issue such licenses, the court will not consider such question, but require the council to consider the applicant’s petition and to act reasonably in the matter. Novak v. City Council of Pawtucket, 99 R.I. 529 , 209 A.2d 58, 1965 R.I. LEXIS 473 (1965).

>>>>>>> origin/main 31-5-2. Duties of department of revenue.

The department of revenue shall issue the licenses provided for in §§ 31-5-5 — 31-5-9 and § 31-5-34 . The department of revenue shall have supervision over the licenses in respect to all the provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39 , and shall have power to make and to issue rules and regulations to fulfill the purposes of those chapters and to protect public interest. The department shall have power to set from time to time the maximum number of plates to be issued to each dealer after due investigation and after giving due consideration to the number of plates reasonably required for the operation of the business by the dealer. The department shall also have the power to define unfair practices by licensees. All the provisions of §§ 31-5-1 — 31-5-20 , and §§ 31-5-33 — 31-5-39 shall be administered by the department.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 1; P.L. 1953, ch. 3232, § 1; P.L. 1954, ch. 3367, § 1; G.L. 1956, § 31-5-2 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 135, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 1; P.L. 1953, ch. 3232, § 1; P.L. 1954, ch. 3367, § 1; G.L. 1956, § 31-5-2 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 135, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

>>>>>>> origin/main 31-5-2.1. Motor vehicle dealers license and hearing board.

  1. A board composed of a total of five (5) members, two (2) of which shall be licensed automobile dealers, one new car Rhode Island licensed automobile dealer, and one used car Rhode Island licensed automobile dealer, each to serve a three (3) year term; one active Rhode Island state police officer appointed by the superintendent of Rhode Island state police and shall serve a five (5) year term; one active employee of the Rhode Island department of revenue appointed by the director of revenue shall serve a five (5) year term, and one licensed Rhode Island attorney in good standing shall serve a seven (7) year term. The two (2) automobile dealers and attorney shall be appointed by the governor. The board shall be known as the motor vehicle dealers license and hearing board.
  2. The board shall issue the license provided for in §§ 31-5-5 — 31-5-9 and § 31-5-34 . The board shall have supervision over the license with respect to all of the provisions of §§ 31-5-1 — 31-5-39 and shall have the power to promulgate rules and regulations to fulfill the purposes of this chapter and to protect the public interest. The board shall have the power to set, from time to time, the maximum number of plates to be issued to each dealer after due investigation and after considering the number of plates reasonably required for the operation of the dealers business, and shall have the power to declare and define what constitutes a licensee. The provisions of §§ 31-5-1 — 31-5-20 , and §§ 31-5-33 — 31-5-39 shall be administered by the board or by any of its duly authorized representatives.
  3. The board shall have all of the same powers, duties, and responsibilities of the previous Rhode Island dealers hearing board established by the director of the department of revenue.
  4. The board shall constitute an agency and shall follow the Administrative Procedure Act, chapter 35 of title 42, and its decisions are appealable to the superior court.
  5. A member of the board may be removed for cause by the director of revenue after a hearing conducted by the director determining that cause exists and a written decision explaining the reason for the removal. The director’s decision of removal shall be appealable to the superior court.
  6. The members of the Rhode Island dealers hearing board serving as of August 31, 1993 shall serve out their respective terms of office and will remain on the motor vehicle dealers license and hearing board until their respective terms expire and a subsequent appointment is made by the governor, or respective appointing authority. If a vacancy occurs on the board for any reason, an individual shall be appointed according to the procedures set forth in subsection (a) of this section and this individual will serve out the remainder of the unexpired term of the vacancy.
  7. The director of revenue shall provide suitable office space for the board and its personnel to suit the public convenience in all proper way to facilitate the work of the board in carrying out the provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39 .
  8. Members of the board shall serve without salary, nor shall they be compensated for attendance at board meetings, however, members of the board shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The department of revenue shall provide funds to pay said expenses. Also, the department shall provide legal counsel to the board to defend and enforce the board’s decision and provide legal advice on any matters that may come before the board.
  9. If any section, phrase, clause, sentence or part of this section is declared unconstitutional or otherwise invalid, that invalidity will not affect remaining portions of this section.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 139, § 1; P.L. 2000, ch. 109, § 60; P.L. 2005, ch. 117, art. 21, § 26; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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>>>>>>> origin/main 31-5-3, 31-5-4. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1953, ch. 3232, § 2; P.L. 1954, ch. 3367, § 2; P.L. 1981, ch. 219, § 1; Repealed by P.L. 1991, ch. 44, art. 14, § 2, effective June 7, 1991.

Compiler’s Notes.

Former §§ 31-5-3 and 31-5-4 concerned facilities of the former motor vehicle dealers’ license commission and compensation of commission members, respectively.

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>>>>>>> origin/main 31-5-5. Dealers’ license required — “Dealer” defined.

No motor vehicle dealer shall engage in business as a dealer in this state without a license for it as provided in §§ 31-5-6 — 31-5-10 . Any person, firm, or corporation who sells or acts as a broker with respect to the sale of more than four (4) vehicles in any one calendar year shall be considered a motor vehicle dealer. Any person, firm or corporation who, prior to the retail sale of a motor vehicle, converts, or otherwise assembles, installs, or affixes a body, cab or special equipment to a chassis or who adds to, subtracts from, or modifies a previously assembled or manufactured motor vehicle, shall be considered a motor vehicle dealer.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-5 ; P.L. 1975, ch. 292, § 1; P.L. 1981, ch. 219, § 1; P.L. 1988, ch. 177, § 1; P.L. 1991, ch. 50, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-5 ; P.L. 1975, ch. 292, § 1; P.L. 1981, ch. 219, § 1; P.L. 1988, ch. 177, § 1; P.L. 1991, ch. 50, § 1.

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Collateral References.

Validity, construction, and application of statutes or ordinances licensing, or otherwise regulating, business of selling motor vehicles. 126 A.L.R. 740; 57 A.L.R.2d 1265.

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>>>>>>> origin/main 31-5-6. Application for license.

  1. Application for a license shall be made in duplicate to the licensor at the time and in the form and shall contain any information as the licensor shall require, and shall be accompanied by the required fee.
  2. The licensor may require in the application, or otherwise, information relating to:
    1. The applicant’s financial standing;
    2. The applicant’s business integrity;
    3. Whether the applicant has an established place of business and is engaged primarily in the business of buying and selling and servicing motor vehicles;
    4. Whether the applicant is able to properly conduct the business of a “motor vehicle dealer”; and
    5. Any other pertinent information consistent with the safeguarding of public interest in the location in which the applicant proposes to engage in business, all of which may be considered by the licensor in determining whether the grant of the application is in the public interest.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-6 .

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-6 .

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Cross References.

Tow cars and trucks, §§ 31-3-29 and 31-3-30 .

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>>>>>>> origin/main 31-5-7. Duration of license.

  1. Application for license shall be made to the department. Licenses shall be valid, unless sooner revoked or suspended, until December 31st of each year for one year and shall be renewable on or before expiration, upon application and payment of the fee required by this chapter.
  2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-7 ; P.L. 1975, ch. 68, § 1; P.L. 1986, ch. 369, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-7 ; P.L. 1975, ch. 68, § 1; P.L. 1986, ch. 369, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 356, § 1, and P.L. 2014, ch. 409, § 1 enacted identical amendments to this section.

Cross References.

Veteran’s certificate, renewal on discharge, § 30-20-1 .

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>>>>>>> origin/main 31-5-8. License — Fee.

  1. The license fee for each year shall be as follows: the fee for the license to each motor vehicle dealer shall be three hundred dollars ($300) plus a fee in like amount for each office or branch.
  2. Commencing January 1, 2015, the license fee for the three-year (3) license duration shall be nine hundred dollars ($900) payable in installments of three hundred dollars ($300) per year.
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History of Section. P.L. 1950, ch. 2959, art. 7, § 3; G.L. 1956, § 31-5-8 ; P.L. 1960, ch. 75, § 5; P.L. 1986, ch. 219, § 1; P.L. 1986, ch. 369, § 1; P.L. 2010, ch. 23, art. 9, § 3; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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History of Section.

P.L. 1950, ch. 2959, art. 7, § 3; G.L. 1956, § 31-5-8 ; P.L. 1960, ch. 75, § 5; P.L. 1986, ch. 219, § 1; P.L. 1986, ch. 369, § 1; P.L. 2010, ch. 23, art. 9, § 3; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 356, § 1, and P.L. 2014, ch. 409, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-5-9. Location specified — Display of license.

The licenses of dealers shall specify the location of the office or branch and must be conspicuously displayed there, and in case the location is changed, an application shall be filed with the licensor requesting the change in location and the permission of the licensor shall be necessary for the change in location.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-9 .

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-9 .

>>>>>>> origin/main 31-5-10. License required for dealers’ plates.

  1. No motor vehicle dealer, unless licensed in accordance with §§ 31-5-1 — 31-5-20 , shall be permitted to register or receive or use dealers’ license plates as limited by the number approved by the department for the dealer.
  2. Whenever the department revokes or suspends a dealer’s license pursuant to § 31-5-11 , or whenever a dealer’s license expires and is not renewed, the department may take possession of the licensee’s dealer’s license, dealer’s license plates, and temporary plates until said licensee is reinstated by the department.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-10 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 219, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-10 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 219, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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Cross References.

Bailee plates, §§ 31-3-14 and 31-3-21 .

Use of dealer’s plates, § 31-3-20 .

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>>>>>>> origin/main 31-5-11. Grounds for denial, suspension, or revocation of license.

The department may deny an application for a license, or suspend or revoke a license after it has been granted, for the following reasons:

  1. On proof of unfitness of applicant to do business as a motor vehicle dealer.
  2. For any material misstatement by an applicant in an application for a license.
  3. For any willful failure to comply with the provisions of this section or with any rule or regulation promulgated by the department under §§ 31-5-1 — 31-5-20 .
  4. For willfully defrauding any buyer of a motor vehicle.
  5. For any willful failure to perform any written agreement with any buyer of a motor vehicle.
  6. For having made a fraudulent sale, transaction, or repossession.
  7. For any fraudulent misrepresentation, circumvention, or concealment, through whatsoever subterfuge or device, of any of the material particulars of any sale to any buyer of a motor vehicle.
  8. For knowingly permitting any salesperson to sell or exchange, or offer or attempt to sell or exchange, any motor vehicle except for the licensed motor vehicle dealer by whom he or she is employed, or to offer, transfer, or assign any sale or exchange, that he or she may have negotiated, to any other dealer.
  9. For the employment of any fraudulent device, method, or process in connection with the compliance with any requirement under statutes of this state with respect to the retaking of goods under a retail installment contract and the redemption and resale of those goods.
  10. For having indulged in any unconscionable practice relating to business as a motor vehicle dealer.
  11. For having violated any law relating to the sale, distribution, or financing of motor vehicles.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 4; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-11 ; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 4; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-11 ; P.L. 1991, ch. 44, art. 14, § 1.

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Cross References.

Statement as to liability insurance not included in sale of vehicle, § 31-33-10 .

NOTES TO DECISIONS

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Stolen Vehicles.

Purchaser of a stolen automobile sold by a dealer whose license had been revoked was entitled to compensation from the dealer’s surety, since the dealer failed to convey good and lawful title, and it mattered little whether the purchase took place on the dealer’s premises or at an auction sale. Concord Auto Auction v. Rumford Property & Liab. Ins. Co., 536 A.2d 525, 1988 R.I. LEXIS 9 (R.I. 1988).

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Stolen Vehicles.

Purchaser of a stolen automobile sold by a dealer whose license had been revoked was entitled to compensation from the dealer’s surety, since the dealer failed to convey good and lawful title, and it mattered little whether the purchase took place on the dealer’s premises or at an auction sale. Concord Auto Auction v. Rumford Property & Liab. Ins. Co., 536 A.2d 525, 1988 R.I. LEXIS 9 (R.I. 1988).

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Collateral References.

Admissibility, in motor vehicle license suspension proceedings, of evidence obtained by unlawful search and seizure. 23 A.L.R.5th 108.

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>>>>>>> origin/main 31-5-12. Responsibility of licensee for acts of agents.

It shall be sufficient cause for the denial, suspension, or revocation of any license issued under this chapter, that any officer, director, partner, trustee, or agent, including independent salespersons of the licensee, has been found by the department of revenue to have engaged in any conduct, act, or omission which would be cause for refusing, suspending, or revoking a license to that party as an individual.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 8; G.L. 1956, § 31-5-12 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 8; G.L. 1956, § 31-5-12 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

>>>>>>> origin/main 31-5-13. Procedure for suspension or revocation of license.

No license shall be suspended or revoked, except after a hearing in accordance with the administrative procedures act, §§ 42-35-1 — 42-35-18 .

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History of Section. P.L. 1950, ch. 2595, art. 7, § 6; G.L. 1956, § 31-5-13 ; P.L. 1981, ch. 219, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 6; G.L. 1956, § 31-5-13 ; P.L. 1981, ch. 219, § 1.

>>>>>>> origin/main 31-5-14. Penalties for violations by dealers.

  1. Upon the complaint of the department, any person violating any of the provisions of §§ 31-5-1 — 31-5-20 , shall, upon conviction for the first offense, be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100), or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both a fine and imprisonment. For a second or subsequent conviction, that person shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both a fine and imprisonment.
  2. If the department shall have reason to believe that any person, firm, corporation, or association is violating the provisions of this chapter, the department may issue its order to the person, firm, corporation, or association commanding them to appear before the department, at a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of the order, to show cause why the department should not issue an order to the person to cease and desist from violating the provisions of this chapter. The order to show cause may be served on any person, firm, corporation, or association named in it by any person in the same manner that a summons in a civil action may be served, or by mailing a copy of the order to the person at any address at which he or she has done business or at which he or she lives. If at the hearing the department shall be satisfied that the person is in fact violating any provision of this chapter, then the department shall order the person in writing to cease and desist from the violation. All these hearings shall be conducted in accordance with chapter 35 of title 42. If the person shall subsequently fail to comply with the order of the department, the superior court for Providence County shall have jurisdiction upon the complaint of the department to restrain and enjoin the person from violating this chapter.
  3. In addition to the fines described in subsection (a) of this section, the department may impose fines on holders of any license issued by the department pursuant to this chapter of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), for violations of any of the provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39 , or for violation of any rules or regulations promulgated pursuant to § 31-5-2 .
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History of Section. P.L. 1950, ch. 2595, art. 7, § 5; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-14 ; P.L. 1981, ch. 219, § 1; P.L. 1986, ch. 486, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 5; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-14 ; P.L. 1981, ch. 219, § 1; P.L. 1986, ch. 486, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-15. Examination of records — Altered or reset odometers.

  1. The department or its duly authorized representative may inspect the pertinent books, records, letters, and contracts of the licensee relating to any written complaint made against the licensee. If the licensee is found guilty of violating any of the provisions of §§ 31-5-1 — 31-5-20 , or any lawful order of the department, the actual cost of each of the examinations shall be paid by the licensee within thirty (30) days after demand for them by the department, and the department may maintain an action for the recovery of the cost in any court of competent jurisdiction.
  2. The department finds that purchasers, when buying motor vehicles, rely heavily on the odometer reading as an index of the condition and value of the vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; and that an accurate indication of the mileage traveled by a motor vehicle assists the purchaser in determining its safety and reliability. For the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers, licensed motor vehicle dealers are directly responsible to their retail/wholesale customers to repurchase the motor vehicles bearing altered or reset odometers for the original selling price paid by the customer, or an amount as determined by the department.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-15 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-15 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-16. Complaint to set aside department order.

Any licensee or other person in interest being dissatisfied with the final order of the department, within twenty (20) days after the entry of that order by the department, may file a complaint in the superior court of the state of Rhode Island against the department as respondent to vacate and set aside the order on the ground that the order is unlawful and unreasonable.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-16 ; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-16 ; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-17. Witnesses before department — Report of findings.

The department shall have the power in hearings and trials arising under §§ 31-5-1 — 31-5-20 to determine the place where the hearing shall be held, to subpoena witnesses, to take depositions of witnesses residing without the state in the manner provided for in civil actions in courts of record, to pay witnesses the fees and the mileage for their attendance as is provided for witnesses in civil actions in courts of record, and to administer oaths. Whenever a hearing or trial shall be held before any authorized representative of the licensor, the representative shall report his or her findings in writing to the licensor which shall then make its ruling and orders.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 10; P.L. 1953 ch. 3232, § 1; G.L. 1956, § 31-5-17 ; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 10; P.L. 1953 ch. 3232, § 1; G.L. 1956, § 31-5-17 ; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-17.1. Repealed.

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History of Section. P.L. 1981, ch. 219, § 2; G.L. 1956, § 31-5-17.1 ; Repealed by P.L. 1986, ch. 369, § 2, effective June 24, 1986.

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History of Section.

P.L. 1981, ch. 219, § 2; G.L. 1956, § 31-5-17.1 ; Repealed by P.L. 1986, ch. 369, § 2, effective June 24, 1986.

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Compiler’s Notes.

Former § 31-5-17.1 concerned resolution of tie votes.

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>>>>>>> origin/main 31-5-18. Records of transactions maintained by dealers.

Every licensee shall maintain a record in form as prescribed by the department of:

  1. Every vehicle of a type subject to registration which is bought, sold, or exchanged by the licensee or received or accepted by the licensee for sale or exchange.
  2. Every new or used exterior part or accessory which is bought or otherwise acquired and every motor vehicle, chassis, or motor vehicle engine which is sold or otherwise disposed of.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 11; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-18 ; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 11; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-18 ; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-18.1. Inspection of records and premises.

All records kept in accordance with the provisions of this chapter shall be open to inspection by the department and its duly authorized representatives, by the division of motor vehicles, and by any state or municipal official or police officer during reasonable business hours.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 221, § 10; P.L. 1991, ch. 44, art. 14, § 1.

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>>>>>>> origin/main 31-5-18.2. Sale of used motor vehicles — Annual reports.

Every licensed dealer shall file with the department an annual report which lists:

  1. The total number of used motor vehicles sold in the previous year by the dealer; and
  2. The total number of used motor vehicles sold without a warranty pursuant to chapter 5.4 of this title.
  3. The licensed dealer shall specify the make, year, and sale price of each used motor vehicle sold without a warranty pursuant to chapter 5.4 of this title.
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>>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 2; P.L. 1991, ch. 44, art. 14, § 1.

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>>>>>>> origin/main 31-5-18.3. Sale of all-terrain vehicles (ATV’s).

  1. No motor vehicle dealer licensed under the provisions of this chapter shall sell, lease, or rent any class of all-terrain vehicle to any person under the age of sixteen (16) years.
  2. Violations of this section shall be grounds for denial, suspension or revocation of the dealers license under § 31-5-11 and also be subject to the penalties provided by § 31-5-14 .
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 155, § 1.

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>>>>>>> origin/main 31-5-19. Sunday business permitted.

  1. Motor vehicle dealers shall be permitted to have open for the conduct of business any display room or outdoor display lot where motor vehicles are exhibited on the first day of the week, commonly called Sunday, between the hours of 12:00 p.m. and 6:00 p.m.
  2. “Business” as used in this section means the sale of or the attempt to sell motor vehicles. The storage alone of motor vehicles in open lots shall not be held to be displaying for sale purposes, or the use of dealer plates for transporting motor vehicles from one point to another shall not be considered to be for display or sale purposes.
  3. Any person or persons, partnership, firm, or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.
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History of Section. P.L. 1950, ch. 2595, art. 7, § 12; P.L. 1952, ch. 2937, § 4; G.L. 1956, § 31-5-19 ; P.L. 2007, ch. 73, art. 29, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 12; P.L. 1952, ch. 2937, § 4; G.L. 1956, § 31-5-19 ; P.L. 2007, ch. 73, art. 29, § 1.

>>>>>>> origin/main 31-5-19.1. Auction of antique and classic motor vehicles.

The provisions of § 31-5-19 shall not apply to an auction of classic motor vehicles or antique motor vehicles as defined in § 31-1-3 . A “classic motor” vehicle means a motor vehicle that is not sold in the normal course of business by a dealer and is determined to be a motor vehicle having some unique or special value as a collectible, as defined by the department. The department shall have the power to license the auctions and provide for any rules and regulations that it shall deem appropriate.

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>>>>>>> origin/main History of Section. P.L. 1990, ch. 256, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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>>>>>>> origin/main 31-5-20. Appropriations for dealer licensing law.

The general assembly shall annually appropriate any sum that it may deem necessary to carry out the purposes of §§ 31-5-1 — 31-5-19 , and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required from time to time, upon the receipt by him or her of proper authenticated vouchers.

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History of Section. P.L. 1950, ch. 2595, art. 7, § 15; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-20 .

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History of Section.

P.L. 1950, ch. 2595, art. 7, § 15; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-20 .

>>>>>>> origin/main 31-5-21. Manufacturer’s license required.

  1. No manufacturer, factory representative, or distributor shall engage in business as a manufacturer, factory representative, or distributor in this state without a license to do so as provided in § 31-5-22 .
  2. For the purpose of this chapter, each division of a motor vehicle manufacturer or distributor shall be considered a separate manufacturer or distributor for purposes of licensing under this chapter. The department of revenue is empowered to obtain from the Rhode Island superior court for Providence County a restraining order temporarily, preliminarily, and permanently restraining any manufacturer, distributor, or factory representative from engaging in business within this state unless licensed.
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History of Section. P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-21 ; P.L. 1960, ch. 155, § 2; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-21 ; P.L. 1960, ch. 155, § 2; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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NOTES TO DECISIONS

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Foreign Manufacturers.

This section has no application to a manufacturer of automobiles in Michigan, who, under a Michigan contract for the purchase and sale of its cars, delivers them to a dealer in Rhode Island. Norman R. Gravin, Inc. v. Ford Motor Co., 163 F. Supp. 42, 1958 U.S. Dist. LEXIS 3923 (D. Mass. 1958).

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Foreign Manufacturers.

This section has no application to a manufacturer of automobiles in Michigan, who, under a Michigan contract for the purchase and sale of its cars, delivers them to a dealer in Rhode Island. Norman R. Gravin, Inc. v. Ford Motor Co., 163 F. Supp. 42, 1958 U.S. Dist. LEXIS 3923 (D. Mass. 1958).

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Collateral References.

Validity and construction of statute regulating dealings between automobile manufacturers, distributors, and dealers. 7 A.L.R.3d 1173; 82 A.L.R.4th 624.

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>>>>>>> origin/main 31-5-22. Application for license — Fee — Expiration.

  1. Any person desiring to be licensed as a manufacturer, factory representative, or distributor shall apply to the department of revenue upon a form containing any information that the department shall require. The department may require with the application or, otherwise, information relating to the applicant’s solvency, his or her financial standing, or other pertinent matter commensurate with the safeguarding of the public interest, all of which may be considered by the department in determining the fitness of the applicant to engage in the business for which the applicant desires the license.
    1. Each application of a factory representative shall be accompanied by a fee of one hundred dollars ($100). Commencing January 1, 2015, the factory representative license fee for the three-year (3) license duration shall be three hundred dollars ($300) and shall be payable in installments of one hundred dollars ($100) per year.
    2. Each application of a manufacturer or distributor shall be accompanied by a fee of three hundred dollars ($300). Commencing January 1, 2015, the manufacturers or distributors license fee for the three-year (3) license duration shall be nine hundred dollars ($900) and shall be payable in installments of three hundred dollars ($300) per year.
    1. All licenses shall be granted or refused within thirty (30) days after the application is filed and shall expire, unless revoked or suspended before that time, on December 31 of the calendar year for which they are granted.
    2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years.
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History of Section. P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-22 ; P.L. 1960, ch. 155, § 2; P.L. 1964, ch. 167, § 1; P.L. 1983, ch. 299, § 1; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5; P.L. 2010, ch. 23, art. 9, § 4; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-22 ; P.L. 1960, ch. 155, § 2; P.L. 1964, ch. 167, § 1; P.L. 1983, ch. 299, § 1; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5; P.L. 2010, ch. 23, art. 9, § 4; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 356, § 1, and P.L. 2014, ch. 409, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-5-23. Grounds for denial, suspension, or revocation of license.

A license may be denied, suspended, or revoked on the following grounds:

  1. Proof of unfitness of the applicant.
  2. Material misstatement by the applicant in his or her application for a license.
  3. Willful failure of the applicant or licensee to comply with any provision of §§ 31-5-21 — 31-5-27 , §§ 31-5.1-1 — 31-5.1-1 6, and/or any rule or regulation promulgated by the department in accordance with § 31-5.1-3 .
  4. Because the applicant or licensee has indulged in any illegal act as determined by the department relating to his or her business.
  5. Because the applicant or licensee has coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or vehicles, parts, or accessories for them, or any other commodities which shall not have been ordered by the dealer.
  6. Because the applicant or licensee has attempted to coerce, or has coerced, any motor vehicle dealer to enter into any agreement with the manufacturer, factory branch, distributor, or representative, as the case may be.
  7. Because the applicant or licensee has unfairly or without due regard to the equities of a motor vehicle dealer, or without just provocation, threatened to cancel the franchise of the motor vehicle dealer.
  8. Because the applicant or licensee has unfairly, or without due regard to the equities of a motor vehicle dealer, or without just provocation, cancelled the franchise of the motor vehicle dealer.
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History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-23 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-23 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-24. Denial of license — Hearing.

The department may, without prior notice, deny the application for a license within thirty (30) days of its receipt by written notice to the applicant, stating the grounds for the denial. Upon request by the applicant, whose license shall have been so denied, the department shall set the time and place of a hearing upon a denial, and the department shall conduct the hearing with reasonable promptness.

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History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-24 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-24 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

>>>>>>> origin/main 31-5-25. Hearing on suspension or revocation of license.

No license shall be suspended or revoked except after a hearing. The department of revenue shall give the licensee at least five (5) days’ written notice of the time and place of the hearing, together with the reasons for the department’s proposed action.

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History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-25 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-25 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

>>>>>>> origin/main 31-5-26. Appeal from the department of revenue.

Any licensee or other person in interest being dissatisfied with an order of the department of revenue may appeal the order to the sixth division of the district court pursuant to the procedure established pursuant to § 42-35-15 .

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History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-26 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1992, ch. 453, § 9; P.L. 1999, ch. 218, art. 5, § 11; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-26 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1992, ch. 453, § 9; P.L. 1999, ch. 218, art. 5, § 11; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

>>>>>>> origin/main 31-5-27. Criminal liability for violations.

Any person, being a manufacturer, distributor, or factory representative, who violates any provision of §§ 31-5-21 — 31-5-27 , or who does any act enumerated in § 31-5-23 as a ground for the denial, suspension, or revocation of a license, shall be guilty of a misdemeanor.

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History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-27 ; P.L. 1989, ch. 174, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-27 ; P.L. 1989, ch. 174, § 1.

>>>>>>> origin/main 31-5-28 — 31-5-32.7. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1950, ch. 2595, art. 9, §§ 1, 2; P.L. 1963, ch. 168, § 1; P.L. 1964, ch. 46, § 1; Repealed by P.L. 1967, ch. 213, § 2.

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>>>>>>> origin/main 31-5-33. Rental of motor vehicles — Licenses required.

  1. No person, firm, or corporation, whether resident or nonresident, shall, without securing a license, grant a franchise or license, or continue to grant a franchise or license, to any other person, firm, or corporation to use his, her, or its name, trademark, or trade name, whether registered or unregistered, in the business of renting in this state motor vehicles for transportation of persons or property.
  2. No person, firm, or corporation, whether resident or nonresident, shall engage in this state in the business of renting or leasing motor vehicles to any other person, firm, or corporation without securing a license. Any person, firm, or corporation who rents or leases more than five (5) motor vehicles in any one year shall be considered to be engaged in the business of renting or leasing motor vehicles.
  3. Notwithstanding the provisions of any general or public law to the contrary, the authority to issue licenses for the rental or leasing of motorized bicycles and/or motorized tricycles in the town of New Shoreham shall be vested exclusively in the town council of the town of New Shoreham, pursuant to the provisions of chapter 19.3 of this title.
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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1; P.L. 1965, ch. 100, § 1; P.L. 1984 (S.S.), ch. 457, § 2; P.L. 1985, ch. 442, § 1.

Cross References.

Motor vehicle lessor’s lien, § 9-3-12 et seq.

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>>>>>>> origin/main 31-5-34. Application for license — Fee — Expiration.

    1. Any person, firm, or corporation requiring a license pursuant to this chapter shall apply to the department upon a form specifying any information that the department shall require. The department may require with an application, or otherwise, information relating to the applicant’s solvency, his or her or its financial standing, or any other matter that the department may deem pertinent to safeguard the public interest, all of which may be considered by the department in determining the fitness of the applicant to be licensed pursuant to this chapter. Each application shall be accompanied by a fee of one hundred dollars ($100). All licenses shall be granted or refused within thirty (30) days after the application, and shall expire, unless sooner revoked or suspended, on December 31 of the calendar year for which they are granted.
    2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years. Commencing January 1, 2015, the license fee for the three-year (3) license duration shall be three hundred dollars ($300) and shall be payable in installments of one hundred dollars ($100) per year.
  2. Notwithstanding the provisions of any general or public law to the contrary, the authority to issue licenses for the rental or leasing of motorized bicycles and/or motorized tricycles in the town of New Shoreham shall be vested exclusively in the town council of the town of New Shoreham pursuant to the provisions of chapter 19.3 of title 31.
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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1; P.L. 1984, ch. 207, § 1; P.L. 1984 (S.S.), ch. 457, § 2; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

Compiler’s Notes.

P.L. 2014, ch. 356, § 1, and P.L. 2014, ch. 409, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-5-35. Grounds for denial, suspension, or revocation of license.

A license provided for pursuant to this chapter may be denied, suspended, or revoked on any of the following grounds:

  1. Proof of unfitness of applicant.
  2. Material misstatement of applicant in the application for a license.
  3. Because the applicant or licensee, or any subsidiary or any corporation owned or controlled by the applicant or licensee, has unfairly or without just provocation or cause cancelled or threatened to cancel the franchise or license of an existing or prior holder to use his, her, or its name, trademark, or trade name.
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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1.

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>>>>>>> origin/main 31-5-36. Denial of license — Hearing.

The department may, without prior notice, deny an application for a license within thirty (30) days of the receipt of an application, by written notice to the applicant stating the grounds for the denial. Upon a request by an applicant who is so denied a license, the department shall set the time and place of a hearing upon the denial and the department shall conduct the hearing with reasonable promptness.

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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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>>>>>>> origin/main 31-5-37. Hearing on suspension or revocation of license.

No license shall be suspended or revoked except after a hearing. The department shall give the licensee at least five (5) days written notice of the time and place of the hearing, together with a statement of the grounds for the proposed action.

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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

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>>>>>>> origin/main 31-5-38. Certiorari from the department.

Any licensee or other person in interest being dissatisfied with an order of the department of revenue may file a petition for certiorari in the supreme court.

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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

Cross References.

Judicial appeal from administrative agencies, §§ 42-35-15 and 42-35-16 .

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>>>>>>> origin/main 31-5-39. Criminal liability for violations.

Any person, firm, or corporation who violates the provisions of § 31-5-33 shall be guilty of a misdemeanor.

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>>>>>>> origin/main History of Section. P.L. 1962, ch. 233, § 1.

Chapter 5.1 Regulation of Business Practices Among Motor Vehicle Manufacturers, Distributors, and Dealers

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>>>>>>> origin/main 31-5.1-1. Definitions.

The following words and phrases, for the purposes of this chapter, have the following meanings:

  1. “Designated family member” means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealership who, in the case of the owner’s death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner’s will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealership, has been appointed by a court as the legal representative of the new motor vehicle dealer’s property.
  2. “Distributor” means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers, who maintains factory representatives or who controls any person, firm, association, corporation or trust, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers.
  3. “Established place of business” means a permanent, commercial building located within this state, easily accessible and open to the public at all reasonable times, and at which the business of a new motor vehicle dealer, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning, and other land-use regulatory ordinances.
  4. “Factory branch” means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives.
  5. “Franchise” means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to that agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises.
  6. “Fraud” includes, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact.
  7. “Good faith” means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in § 6A-2-103(1)(b).
  8. “Manufacturer” means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer.
  9. “Motor vehicle” means every vehicle intended primarily for use and operation on the public highways which is self-propelled, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products.
  10. “New motor vehicle” means a vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. The term “motor vehicle” also includes any engine, transmission, or rear axle, regardless of whether it is attached to a vehicle chassis, that is manufactured for installation in any motor-driven vehicle with a gross vehicle weight rating of more than sixteen thousand (16,000) pounds that is required to be registered.
  11. “New motor vehicle dealer” means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who holds, or held at the time a cause of action under this chapter accrued, a valid sales and service agreement, franchise, or contract, granted by the manufacturer or distributor for the retail sale of that manufacturer’s or distributor’s new motor vehicles.
  12. “Person” means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of that entity.
  13. “Relevant market area” means the area within a radius of twenty (20) miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater.
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>>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1.

Collateral References.

Validity, construction, and application of state statutes regulating dealings between automobile manufacturers, dealers, and franchisees. 82 A.L.R.4th 624.

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>>>>>>> origin/main 31-5.1-2. Application of chapter.

Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of, or has business dealings with respect to, a motor vehicle within the state shall be subject to the provisions of this chapter and shall be subject to the jurisdiction of the courts of this state, upon service of process in accordance with the provisions of the general laws.

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>>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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>>>>>>> origin/main 31-5.1-3. Unlawful acts and practices.

  1. Unfair methods of competition, and unfair or deceptive acts or practices, as defined in this chapter, are declared to be unlawful.
  2. In construing subsection (a) of this section, the courts may be guided by the interpretations of § 45 of the Federal Trade Commission Act (15 U.S.C. § 45), as from time to time amended.
  3. The department of revenue (hereinafter in this chapter, the “department”) may make rules and regulations interpreting the provisions of subsection (a) of this section. The rules and regulations shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting the provisions of the Federal Trade Commission Act (15 U.S.C. § 45), as from time to time amended.
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>>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1.

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>>>>>>> origin/main 31-5.1-4. Violations.

  1. It shall be deemed a violation of this chapter for any manufacturer or motor vehicle dealer to engage in any action that is arbitrary, in bad faith, or unconscionable and that causes damage to any of the parties involved or to the public.
  2. It shall be deemed a violation of this chapter for a manufacturer, or officer, agent, or other representative of a manufacturer, to coerce, or attempt to coerce, any motor vehicle dealer:
    1. To order or accept delivery of any motor vehicle or vehicles, equipment, parts, or accessories for them, or any other commodity or commodities that the motor vehicle dealer has not voluntarily ordered.
    2. To order or accept delivery of any motor vehicle with special features, accessories, or equipment not included in the list price of that motor vehicle as publicly advertised by the manufacturer of the vehicle.
    3. To participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, or training materials, showroom, or other display decorations, or materials at the expense of the new motor vehicle dealership.
    4. To enter into any agreement with the manufacturer or to do any other act prejudicial to the new motor vehicle dealer by threatening to terminate or cancel a franchise or any contractual agreement existing between the dealer and the manufacturer; except that this subdivision is not intended to preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise or other contractual agreement. Notice in good faith to any new motor vehicle dealer of the new motor vehicle dealer’s violation of those terms or provisions shall not constitute a violation of the chapter.
    5. To refrain from participation in the management of, investment in, or acquisition of any other line of new motor vehicle or related products. This subdivision does not apply unless the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicles, the new motor vehicle dealer remains in compliance with any reasonable facilities requirements of the manufacturer; and no change is made in the principal management of the new motor vehicle dealer.
    6. To assent to a release, assignment, novation, waiver, or estoppel in connection with the transfer or voluntary termination of a franchise, or that would relieve any person from the liability to be imposed by this law; or to require any controversy between a new motor vehicle dealer and a manufacturer, distributor, or representative to be referred to any person other than the duly constituted courts of this state or of the United States of America, or to the department of revenue of this state, if that referral would be binding upon the new motor vehicle dealer.
    7. To order for any person any parts, accessories, equipment, machinery, tools, or any commodities.
  3. It shall be deemed a violation of this chapter for a manufacturer, or officer, agent, or other representative:
    1. To refuse to deliver in reasonable quantities and within a reasonable time after receipt of the dealer’s order, to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new motor vehicles sold or distributed by the manufacturer, any motor vehicles covered by the franchise or contract, specifically publicly advertised by the manufacturer to be available for immediate delivery. However, the failure to deliver any motor vehicle shall not be considered a violation of this chapter if that failure is due to an act of God, work stoppage, or delay due to a strike or labor difficulty, shortage of materials, a freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, its agent, shall have no control.
    2. To refuse to deliver, or otherwise deny, to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new motor vehicles sold or distributed by the manufacturer any particular new motor vehicle model made or distributed by the manufacturer under the name of the division of the manufacturer of which the dealer is an authorized franchise.
    3. It shall be deemed a prima facie violation of this chapter for any automotive vehicle division manufacturer to require any separate franchise or contractual arrangement with any new motor vehicle dealer already a party to a franchise or contractual arrangement with that automotive vehicle division for the retail sale of any particular new motor vehicle model made or distributed by that division.
    4. To coerce, or attempt to coerce, any motor vehicle dealer to enter into any agreement with the manufacturer, or their officers, agents, or other representatives, or to do any other act prejudicial to the dealer, by threatening to cancel any franchise or any contractual agreement existing between the manufacturer and the dealer. Notice in good faith to any motor vehicle dealer of the dealer’s violation of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this chapter.
    5. To resort to or use any false or misleading advertisement in connection with his or her business as a manufacturer, an officer, agent, or other representative.
    6. To sell or lease any new motor vehicle to, or through, any new motor vehicle dealer at a lower actual price therefore than the actual price offered to any other new motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device, including, but not limited to, sales promotion plans or programs, that result in a lesser actual price. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government or to the state or any of its political subdivisions. A manufacturer may not reduce the price of a motor vehicle charged to a dealer or provide different financing terms to a dealer in exchange for the dealer’s agreement to:
      1. Maintain an exclusive sales or service facility;
      2. Build or alter a sales or service facility; or
      3. Participate in a floor plan or other financing.
      4. The availability or amount of any discount, credit, rebate, or sales incentive that the dealer is eligible to receive from the manufacturer for the purchase of any program, certified, or other used motor vehicle offered for sale by the manufacturer.
    7. To sell or lease any new motor vehicle to any person, except a manufacturer’s employee, at a lower actual price than the actual price offered and charged to a new motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device which results in a lesser actual price. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government, or to the state or any of its political subdivisions.
    8. To offer in connection with the sale of any new motor vehicle or vehicles, directly or indirectly, to a fleet purchaser, within or without this state, terms, discounts, refunds, or other similar types of inducements to that purchaser without making the same offer or offers available to all of its new motor vehicles dealers in this state. No manufacturer may impose or enforce any restrictions against new motor vehicle dealers in this state or their leasing, rental, or fleet divisions or subsidiaries that are not imposed or enforced against any other direct or indirect purchaser from the manufacturer. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government, or to the state or any of its political subdivisions.
    9. To use or consider the performance of a motor vehicle dealer relating to the sale of the manufacturer’s vehicles or the motor vehicle dealer’s ability to satisfy any minimum sales or market share quota or responsibility relating to the sale of the manufacturer’s new vehicles in determining:

      (i) The motor vehicle dealer’s eligibility to purchase program, certified, or other used motor vehicles from the manufacturer;

      (ii) The volume, type, or model of program, certified, or other used motor vehicles that a motor vehicle dealer is eligible to purchase from the manufacturer;

      (iii) The price of any program, certified, or other used motor vehicle that the dealer is eligible to purchase from the manufacturer; or

    10. To offer to sell or to sell parts or accessories to any new motor vehicle dealer for use in the dealer’s own business for the purpose of repairing or replacing the same parts or accessories or a comparable part or accessory, at a lower actual price than the actual price charged to any other new motor vehicle dealer for similar parts or accessories to use in the dealer’s own business. In those cases where new motor vehicle dealers operate or serve as wholesalers of parts and accessories to retail outlets, these provisions shall be construed to prevent a manufacturer, or its agents, from selling to a new motor vehicle dealer who operates and services as a wholesaler of parts and accessories, any parts and accessories that may be ordered by that new motor vehicle dealer for resale to retail outlets at a lower actual price than the actual price charged a new motor vehicle dealer who does not operate or serve as a wholesaler of parts and accessories.
    11. To prevent, or attempt to prevent, by contract or otherwise, any new motor vehicle dealer from changing the capital structure of his or her dealership or the means by which, or through which the dealer finances the operation of his or her dealership. However, the new motor vehicle dealer shall at all times meet any reasonable capital standards agreed to between the dealership and the manufacturer, provided that any change in the capital structure by the new motor vehicle dealer does not result in a change in the executive management control of the dealership.
    12. To prevent, or attempt to prevent, by contract or otherwise, any new motor vehicle dealer, or any officer, partner, or stockholder of any new motor vehicle dealer, from selling or transferring any part of the interest of any of them to any other person or persons or party or parties. Provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control without the consent of the manufacturer, except that the consent shall not be unreasonably withheld.
    13. To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the new motor vehicle dealer does business, on account of, or in relation to, the transactions between the dealer and that other person, unless that benefit is promptly accounted for and transmitted to the new motor vehicle dealer.
    14. To compete with a new motor vehicle dealer operating under an agreement or franchise from the manufacturer in the state of Rhode Island, through the ownership, operation, or control of any new motor vehicle dealers in this state, or by participation in the ownership, operation, or control of any new motor vehicle dealer in this state. A manufacturer shall not be deemed to be competing when operating, controlling, or owning a dealership, either temporarily for a reasonable period, but in any case not to exceed one year, which one-year (1) period may be extended for a one-time, additional period of up to six (6) months upon application to, and approval by, the motor vehicle dealers license and hearing board, which approval shall be subject to the manufacturer demonstrating the need for this extension, and with other new motor vehicle dealers of the same line or make being given notice and an opportunity to be heard in connection with said application, or in a bona fide relationship in which an independent person had made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions within a reasonable period of time.
    15. To refuse to disclose to any new motor vehicle dealer, handling the same line or make, the manner and mode of distribution of that line or make within the relevant market area.
    16. To increase prices of new motor vehicles that the new motor vehicle dealer had ordered for private retail consumers prior to the new motor vehicle dealer’s receipt of the written, official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of an order, provided that the vehicle is in fact delivered to that customer. In the event of manufacturer price reductions or cash rebates paid to the new motor vehicle dealer, the amount of any reduction or rebate received by a new motor vehicle dealer shall be passed on to the private retail consumer by the new motor vehicle dealer. Price reductions shall apply to all vehicles in the dealer’s inventory that were subject to the price reduction. Price differences applicable to new model or series motor vehicles at the time of the introduction of new models or series shall not be considered a price increase or price decrease. Price changes caused by either: (i) The addition to a motor vehicle of required or optional equipment; (ii) Revaluation of the United States dollar, in the case of foreign-make vehicles or components; or (iii) An increase in transportation charges due to increased rates imposed by common carriers, shall not be subject to the provisions of this subdivision.
    17. To release to any outside party, except under subpoena or as otherwise required by law, or in an administrative, judicial, or arbitration proceeding involving the manufacturer or new motor vehicle dealer, any business, financial, or personal information that may be, from time to time, provided by the new motor vehicle dealer to the manufacturer, without the express written consent of the new motor vehicle dealer.
    18. To unfairly discriminate among its new motor vehicle dealers with respect to warranty reimbursement, or any program that provides assistance to its dealers, including internet listings; sales leads; warranty policy adjustments; marketing programs; and dealer recognition programs.
    19. To unreasonably withhold consent to the sale, transfer, or exchange of the franchise to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state.
    20. To fail to respond, in writing, to a request for consent as specified in subdivision (19) of this subsection within sixty (60) days of the receipt of a written request on the forms, if any, generally utilized by the manufacturer or distributor for those purposes and containing the information required therein. The failure to respond shall be deemed to be a consent to the request. A manufacturer may not impose a condition on the approval of a sale, transfer, or exchange of the franchise if the condition would violate the provisions of this chapter if imposed on an existing dealer.
    21. To unfairly prevent a new motor vehicle dealer from receiving fair and reasonable compensation for the value of the new motor vehicle dealership.
    22. To require that a new motor vehicle dealer execute a written franchise agreement that does not contain substantially the same provisions as the franchise agreement being offered to other new motor vehicle dealers handling the same line or make. In no instance shall the term of any franchise agreement be of a duration of less than three (3) years.
    23. To require that a new motor vehicle dealer provide exclusive facilities, personnel, or display space taking into consideration changing market conditions, or that a dealer execute a site control agreement giving a manufacturer control over the dealer’s facilities.
    24. To require that a dealer expand facilities without a guarantee of a sufficient supply of new motor vehicles to justify that expansion or to require that a dealer expand facilities to a greater degree than is necessary to sell and service the number of vehicles that the dealer sold and serviced in the most recent calendar year.
    25. To prevent a dealer from adjusting his or her facilities to permit a relocation of office space, showroom space, and service facilities so long as the relocation is within five hundred (500) yards of the present location.
    26. To engage in any predatory practice against a new motor vehicle dealer.
    27. To prevent, prohibit, or coerce any new motor vehicle dealer from charging any consumer any fee allowed to be charged by the dealer under Rhode Island law or regulation except as related to eligible participants under a military discount program in which the dealer voluntarily participates and receives financial compensation from the manufacturer or distributor, to the extent that such a program is not offered to the general public.
  4. It shall be a violation of this chapter for a manufacturer to terminate, cancel, or fail to renew the franchise of a new motor vehicle dealer except as provided in this subsection:
    1. Notwithstanding the terms, provisions, or conditions of any franchise, whether entered into before or after the enactment of this chapter or any of its provisions, or notwithstanding the terms or provisions of any waiver, whether entered into before or after the enactment of this chapter or any of its provisions, no manufacturer shall cancel, terminate, or fail to renew any franchise with a licensed new motor vehicle dealer unless the manufacturer has:
      1. Satisfied the notice requirement of this subsection;
      2. Has good cause for the cancellation, termination, or nonrenewal;
      3. Has not committed any violations set forth in subsection (b) of this section; and
      4. Has acted in good faith as defined in this chapter and has complied with all provisions of this chapter.
      5. In addition to any injunctive relief and any other damages allowable by this chapter, if the manufacturer is discontinuing the product line or fails to prove that there was good cause for the termination, cancellation, or nonrenewal, or if the manufacturer fails to prove that the manufacturer acted in good faith, then the manufacturer shall pay the new motor vehicle dealer fair and reasonable compensation for the value of the dealership as an ongoing business.

        In addition to the other compensation described in paragraphs (iii) and (iv) above and in this section, the manufacturer shall also reimburse the dealer for any costs incurred for facility upgrades or alterations required by the manufacturer within two (2) years of the effective date of the termination.

      6. If a manufacturer is discontinuing the product line and thus, as a result a franchise for the sale of motor vehicles is subject to termination, cancellation, or nonrenewal, the manufacturer shall:
      7. The requirements of this section do not apply to a termination, cancellation, or nonrenewal due to the sale of the assets or stock of the motor vehicle dealer.

        (D) To be entitled to facilities assistance from the manufacturer as described above, the dealer shall have the obligation to mitigate damages by listing the dealership facilities for lease or sublease with a licensed real estate agent within thirty (30) days after the effective date of the termination of the franchise and thereafter be reasonably cooperating with such real estate agent in the performance of the agent’s duties and responsibilities. If the dealer is able to lease or sublease the dealership facilities on terms that are consistent with local zoning requirements to preserve the right to sell motor vehicles from the dealership facilities and the terms of the dealer’s lease, the dealer shall be obligated to pay the manufacturer the net revenue received from such mitigation, but only following receipt of facilities assistance payments pursuant to this chapter, and only up to the total amount of facilities assistance payments that the dealer has received.

    2. Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when:

      (i) There is a failure by the new motor vehicle dealer to comply with a provision of the franchise, which provision is both reasonable and of material significance to the franchise relationship, provided that the dealer has been notified, in writing, of the failure within one hundred eighty (180) days after the manufacturer first acquired knowledge of that failure;

      (ii) If the failure by the new motor vehicle dealer, as provided in paragraph (i) of this subdivision, relates to the performance of the new motor vehicle dealer in sales or service, then good cause shall be defined as the failure of the new motor vehicle dealer to comply with reasonable performance criteria established by the manufacturer if the new motor vehicle dealer was apprised by the manufacturer, in writing, of that failure; and:

      1. The notification stated that notice was provided of failure of performance pursuant to paragraph (i) of this subdivision;
        2. <<<<<<< HEAD
      2. The new motor vehicle dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with those criteria; and
      3. The new motor vehicle dealer did not demonstrate substantial progress towards compliance with the manufacturer’s performance criteria during that period. =======
      4. If the failure by the new motor vehicle dealer, as provided in paragraph (i) of this subdivision, relates to the performance of the new motor vehicle dealer in sales or service, then good cause shall be defined as the failure of the new motor vehicle dealer to comply with reasonable performance criteria established by the manufacturer if the new motor vehicle dealer was apprised by the manufacturer, in writing, of that failure; and:
        1. The notification stated that notice was provided of failure of performance pursuant to paragraph (i) of this subdivision;
        2. The new motor vehicle dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with those criteria; and
        3. The new motor vehicle dealer did not demonstrate substantial progress towards compliance with the manufacturer’s performance criteria during that period.
        >>>>>>> origin/main
    3. The manufacturer shall have the burden of proof for showing that the notice requirements have been complied with; that there was good cause for the franchise termination; cancellation or nonrenewal; and that the manufacturer has acted in good faith. <<<<<<< HEAD

      (i) Notwithstanding the terms, provisions, or conditions of any franchise, prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notification of the termination, cancellation, or nonrenewal to the new motor vehicle dealer as follows:

      1. In the manner described in paragraph (ii) of this subdivision; and
      2. Not fewer than ninety (90) days prior to the effective date of the termination, cancellation, or nonrenewal; or
      3. Not fewer than fifteen (15) days prior to the effective date of the termination, cancellation, or nonrenewal for any of the following reasons:
        1. Insolvency of the new motor vehicle dealer, or the filing of any petition by, or against, the new motor vehicle dealer under any bankruptcy or receivership law;
        2. Failure of the new motor vehicle dealer to conduct his customary sales and service operations during his or her customary business hours for seven (7) consecutive business days;
        3. Final conviction of the new motor vehicle dealer, or any owner or operator of the dealership, of a crime which is associated with or related to, the operation of the dealership;
        4. Revocation of any license that the new motor vehicle dealer is required to have to operate a dealership; or
      4. Not fewer than one hundred eighty (180) days prior to the effective date of the termination or cancellation where the manufacturer or distributor is discontinuing the sale of the product line.

        (ii) Notification under this subsection shall be in writing, shall be by certified mail or personally delivered to the new motor vehicle dealer, and shall contain:

        (A) A statement of intention to terminate, cancel, or not to renew the franchise;

        (B) A statement of the reasons for the termination, cancellation, or nonrenewal; and

        (C) The date on which the termination, cancellation, or nonrenewal shall take effect.

        (iii) Upon the involuntary or voluntary termination, nonrenewal, or cancellation of any franchise, by either the manufacturer or the new motor vehicle dealer, notwithstanding the terms of any franchise whether entered into before or after the enactment of this chapter or any of its provisions, the new motor vehicle dealer shall be allowed fair and reasonable compensation by the manufacturer for the following:

        (A) The new motor vehicle dealer’s cost, less allowances paid by the manufacturer, of each new, undamaged, unsold, and unaltered, except for dealer-installed, manufacturer-authorized accessories, motor vehicle, regardless of model year purchased from the manufacturer or another dealer of the same line or make in the ordinary course of business within twenty-four (24) months of termination, having five hundred (500) or fewer miles recorded on the odometer that is in the new motor vehicle dealer’s inventory at the time of termination, nonrenewal, or cancellation.

        (B) The new motor vehicle dealer’s cost of each new, unused, undamaged, and unsold part or accessory that is in the current parts catalogue, or is identical to a part or accessory in the current parts catalogue except for the number assigned to the part or accessory due to a change in the number after the purchase of the part or accessory, and that is still in the original, resalable merchandising package and in an unbroken lot, except that, in the case of sheet metal, a comparable substitute for the original package may be used.

        (C) The fair market value of each undamaged sign, normal wear and tear excepted, owned by the dealer that bears a trademark or trade name used or claimed by the manufacturer that was purchased as a requirement of the manufacturer.

        (D) The fair market value of all special tools, and automotive services equipment owned by the dealer that: (I) Were recommended in writing and designated as special tools and equipment; (II) Were purchased as a requirement of the manufacturer; and (III) Are in usable and good condition except for reasonable wear and tear.

      5. The cost of transporting, handling, packing, storing, and loading any property that is subject to repurchase under this section.
      6. The payments above are due within sixty (60) days from the date the dealer submits an accounting to the manufacturer of the vehicle inventory subject to repurchase, and for other items within sixty (60) days from the date the dealer submits an accounting of the other items subject to repurchase, provided, the new motor vehicle dealer has clear title (or will have clear title upon using the repurchase funds to obtain clear title) to the inventory and other items and is in a position to convey that title to the manufacturer. If the inventory or other items are subject to a security interest, the manufacturer, wholesaler, or franchisor may make payment jointly to the dealer and the holder of the security interest. In no event shall the payments be made later than ninety (90) days of the effective date of the termination, cancellation, or nonrenewal.

        (iv) In the event the termination, cancellation, or nonrenewal is involuntary and not pursuant to subsection (3)(i)(C) of this section and:

        (A) The new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or (2) two year’s rent, whichever is less; or

        (B) If the new motor vehicle dealer owns the facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the facilities for two (2) years; if:

        1. The new motor vehicle dealer is unable to reasonably utilize the facilities for another purpose;
        2. The new motor vehicle dealer, or the manufacturer acting as its agent, is unable to make arrangements for the cancellation or assumption of its lease obligations by another party in the case of leased facilities, or is unable to sell dealer-owned facilities; and
        3. Only to the extent those facilities were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product.
          1. Authorize the dealer, at the dealer’s option, that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line, to continue servicing and supplying parts (without prejudice to the right of the manufacturer to also authorize other franchised dealers to provide service and parts for a discontinued product line), including services and parts pursuant to a warranty issued by the manufacturer for any goods or services marketed by the dealer pursuant to the motor vehicle franchise for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal;
          2. Continue to reimburse the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area for warranty parts and service in an amount, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal;
          3. The manufacturer shall continue to supply the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area with replacement parts for any goods or services marketed by the dealer pursuant to the franchise agreement for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal, at a price, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal; =======
            1. Notwithstanding the terms, provisions, or conditions of any franchise, prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notification of the termination, cancellation, or nonrenewal to the new motor vehicle dealer as follows:
              1. In the manner described in paragraph (ii) of this subdivision; and
              2. Not fewer than ninety (90) days prior to the effective date of the termination, cancellation, or nonrenewal; or
              3. Not fewer than fifteen (15) days prior to the effective date of the termination, cancellation, or nonrenewal for any of the following reasons:
                1. Insolvency of the new motor vehicle dealer, or the filing of any petition by, or against, the new motor vehicle dealer under any bankruptcy or receivership law;
                2. Failure of the new motor vehicle dealer to conduct his customary sales and service operations during his or her customary business hours for seven (7) consecutive business days;
                3. Final conviction of the new motor vehicle dealer, or any owner or operator of the dealership, of a crime which is associated with or related to, the operation of the dealership;
                4. Revocation of any license that the new motor vehicle dealer is required to have to operate a dealership; or
              4. Not fewer than one hundred eighty (180) days prior to the effective date of the termination or cancellation where the manufacturer or distributor is discontinuing the sale of the product line.
            2. Notification under this subsection shall be in writing, shall be by certified mail or personally delivered to the new motor vehicle dealer, and shall contain:
              1. A statement of intention to terminate, cancel, or not to renew the franchise;
              2. A statement of the reasons for the termination, cancellation, or nonrenewal; and
              3. The date on which the termination, cancellation, or nonrenewal shall take effect.
            3. Upon the involuntary or voluntary termination, nonrenewal, or cancellation of any franchise, by either the manufacturer or the new motor vehicle dealer, notwithstanding the terms of any franchise whether entered into before or after the enactment of this chapter or any of its provisions, the new motor vehicle dealer shall be allowed fair and reasonable compensation by the manufacturer for the following:
              1. The new motor vehicle dealer’s cost, less allowances paid by the manufacturer, of each new, undamaged, unsold, and unaltered, except for dealer-installed, manufacturer-authorized accessories, motor vehicle, regardless of model year purchased from the manufacturer or another dealer of the same line or make in the ordinary course of business within twenty-four (24) months of termination, having five hundred (500) or fewer miles recorded on the odometer that is in the new motor vehicle dealer’s inventory at the time of termination, nonrenewal, or cancellation.
              2. The new motor vehicle dealer’s cost of each new, unused, undamaged, and unsold part or accessory that is in the current parts catalogue, or is identical to a part or accessory in the current parts catalogue except for the number assigned to the part or accessory due to a change in the number after the purchase of the part or accessory, and that is still in the original, resalable merchandising package and in an unbroken lot, except that, in the case of sheet metal, a comparable substitute for the original package may be used.
              3. The fair market value of each undamaged sign, normal wear and tear excepted, owned by the dealer that bears a trademark or trade name used or claimed by the manufacturer that was purchased as a requirement of the manufacturer.
              4. The fair market value of all special tools, and automotive services equipment owned by the dealer that: (I) Were recommended in writing and designated as special tools and equipment; (II) Were purchased as a requirement of the manufacturer; and (III) Are in usable and good condition except for reasonable wear and tear.
              5. The cost of transporting, handling, packing, storing, and loading any property that is subject to repurchase under this section.
              6. The payments above are due within sixty (60) days from the date the dealer submits an accounting to the manufacturer of the vehicle inventory subject to repurchase, and for other items within sixty (60) days from the date the dealer submits an accounting of the other items subject to repurchase, provided, the new motor vehicle dealer has clear title (or will have clear title upon using the repurchase funds to obtain clear title) to the inventory and other items and is in a position to convey that title to the manufacturer. If the inventory or other items are subject to a security interest, the manufacturer, wholesaler, or franchisor may make payment jointly to the dealer and the holder of the security interest. In no event shall the payments be made later than ninety (90) days of the effective date of the termination, cancellation, or nonrenewal.
            4. In the event the termination, cancellation, or nonrenewal is involuntary and not pursuant to subsection (3)(i)(C) of this section and:
              1. The new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or (2) two year’s rent, whichever is less; or
              2. If the new motor vehicle dealer owns the facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the facilities for two (2) years; if:
                1. The new motor vehicle dealer is unable to reasonably utilize the facilities for another purpose;
                2. The new motor vehicle dealer, or the manufacturer acting as its agent, is unable to make arrangements for the cancellation or assumption of its lease obligations by another party in the case of leased facilities, or is unable to sell dealer-owned facilities; and
                3. Only to the extent those facilities were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product. >>>>>>> origin/main
              5. <<<<<<< HEAD =======
            5. In addition to any injunctive relief and any other damages allowable by this chapter, if the manufacturer is discontinuing the product line or fails to prove that there was good cause for the termination, cancellation, or nonrenewal, or if the manufacturer fails to prove that the manufacturer acted in good faith, then the manufacturer shall pay the new motor vehicle dealer fair and reasonable compensation for the value of the dealership as an ongoing business.

              In addition to the other compensation described in paragraphs (iii) and (iv) above and in this section, the manufacturer shall also reimburse the dealer for any costs incurred for facility upgrades or alterations required by the manufacturer within two (2) years of the effective date of the termination.

            6. If a manufacturer is discontinuing the product line and thus, as a result a franchise for the sale of motor vehicles is subject to termination, cancellation, or nonrenewal, the manufacturer shall:
              1. Authorize the dealer, at the dealer’s option, that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line, to continue servicing and supplying parts (without prejudice to the right of the manufacturer to also authorize other franchised dealers to provide service and parts for a discontinued product line), including services and parts pursuant to a warranty issued by the manufacturer for any goods or services marketed by the dealer pursuant to the motor vehicle franchise for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal;
              2. Continue to reimburse the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area for warranty parts and service in an amount, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal;
              3. The manufacturer shall continue to supply the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area with replacement parts for any goods or services marketed by the dealer pursuant to the franchise agreement for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal, at a price, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal;
              4. To be entitled to facilities assistance from the manufacturer as described above, the dealer shall have the obligation to mitigate damages by listing the dealership facilities for lease or sublease with a licensed real estate agent within thirty (30) days after the effective date of the termination of the franchise and thereafter be reasonably cooperating with such real estate agent in the performance of the agent’s duties and responsibilities. If the dealer is able to lease or sublease the dealership facilities on terms that are consistent with local zoning requirements to preserve the right to sell motor vehicles from the dealership facilities and the terms of the dealer’s lease, the dealer shall be obligated to pay the manufacturer the net revenue received from such mitigation, but only following receipt of facilities assistance payments pursuant to this chapter, and only up to the total amount of facilities assistance payments that the dealer has received.
            7. The requirements of this section do not apply to a termination, cancellation, or nonrenewal due to the sale of the assets or stock of the motor vehicle dealer.
              8. >>>>>>> origin/main
        4. It shall be deemed a violation of this chapter for a motor vehicle dealer:
          1. To require a purchaser of a new motor vehicle, as a condition of the sale and delivery thereof, to also purchase special features, equipment, parts, or accessories not desired or requested by the purchaser. This prohibition shall not apply as to special features, equipment, parts, or accessories that are already installed on the car before sale by the dealer.
          2. To represent and sell as a new motor vehicle any motor vehicle that is a used motor vehicle.
          3. To resort to or use any false or misleading advertisement in connection with his or her business as a motor vehicle dealer.
          4. To engage in any deception or fraudulent practice in the repair of motor vehicles.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 1983, ch. 276, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1994, ch. 371, § 2; P.L. 2000, ch. 521, § 1; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1; P.L. 2010, ch. 239, § 4; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1; P.L. 2016, ch. 512, art. 1, § 18.

        Compiler’s Notes.

        P.L. 2014, ch. 353, § 1, and P.L. 2014, ch. 397, § 1 enacted identical amendments to this section.

        NOTES TO DECISIONS

        Coercion.

        “Coercion” is defined as a wrongful demand which will result in sanctions if not complied with. Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983).

        Due Cause for Nonrenewal.

        A manufacturer who has given proper advance notice of nonrenewal of dealership agreement and can establish that its action is not arbitrary but is based on due cause should have the right not to renew. Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983).

        Failure to remove motor vehicle leasing operation within the contractual time, considered with other pertinent circumstances, including the fact that the facility was inadequate and fell short of the truck company’s requirements and expectations, established due cause for nonrenewal of dealership agreement. Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983) (decided under § 31-5.1-9 , repealed in 1981).

        Failure to Expand Facilities.

        Termination of a dealer franchise for failure to expand facilities in accordance with a provision in a dealer agreement that was negotiated with duress or coercion was not a violation of this section. Scuncio Motors, Inc. v. Subaru of New England, Inc., 555 F. Supp. 1121, 1982 U.S. Dist. LEXIS 17371 (D.R.I. 1982), aff'd, 715 F.2d 10, 1983 U.S. App. LEXIS 24771 (1st Cir. 1983).

        Franchise Transfer.
        <<<<<<< HEAD
        =======
        >>>>>>> origin/main — Grounds for Objecting.

        Inability to meet capital requirements provides reasonable grounds for objecting to a franchise transfer a fortiori. In re Pioneer Ford Sales, Inc., 729 F.2d 27, 1984 U.S. App. LEXIS 24768 (1st Cir. 1984).

        Good Faith.

        Where manufacturer gave proper notice of a request for relocation in compliance with reasonable standards and without coercion or duress it acted in good faith. Scuncio Motors, Inc. v. Subaru of New England, Inc., 555 F. Supp. 1121 (D.R.I. 1982), aff ’d, 715 F.2d 10 (1st Cir. 1983).

        Notice of Nonrenewal.

        For construction of notice-of-nonrenewal provisions existing prior to the 1981 amendment, see Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983).

        Prospective Application.

        The 1982 amendment, which among other things inserted subsection (c)(19), is prospective and has no application to a franchise agreement executed prior to its adoption. Scuncio Motors, Inc. v. Subaru of New England, Inc., 715 F.2d 10, 1983 U.S. App. LEXIS 24771 (1st Cir. 1983).

        Unconscionability.

        Truck company’s refusal to give an additional grace period, which dealer requested following receipt of letter of nonrenewal of dealership agreement, was not arbitrary, in bad faith, or unconscionable in light of the parties’ early recognition of the need for removal of leasing operation and the dealer’s inaction in the face of repeated reassertions by the truck company of its desire for the change. Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983).

        Failure of the dealer agreement to provide for compensation to the dealer for nonrenewal and also the lack of a requirement that truck company buy back the dealer’s inventory were not unconscionable and in violation of this section since there was due cause for nonrenewal. Dunne Leases Cars & Trucks v. Kenworth Truck Co., 466 A.2d 1153, 1983 R.I. LEXIS 1098 (R.I. 1983).

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        >>>>>>> origin/main 31-5.1-4.1. Dealership — Survivorship.

          1. Right of designated family member to succeed in dealership ownership.  Any owner of a new motor vehicle dealership may appoint by will or any other written instrument a designated family member to succeed in the ownership interest of that owner in the new motor vehicle dealership.
          2. Unless there exists good cause for refusal to honor that succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise provided that:
            1. The designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the new motor vehicle dealer within one hundred twenty (120) days of the owner’s death or incapacity;
            2. The designated family member agrees to be bound by all the terms and conditions of the franchise; and
            3. The designated family member shall not operate the dealership unless he or she meets the then-current criteria generally applied by the manufacturer or distributor in qualifying dealer-operators.
          3. The manufacturer or distributor may request, and the designated family member shall provide, promptly upon the request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.
        2. Refusal to honor succession to ownership  — Notice required.
          1. If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement, the manufacturer or distributor may, not more than sixty (60) days following receipt of:
            1. Notice of the designated family member’s intent to succeed to the ownership of the new motor vehicle dealer; or
            2. Any personal or financial data which it has requested, serve upon the designated family member and the department of revenue notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than ninety (90) days from the date the notice is served.
          2. The notice must state the specific grounds for the refusal to honor the succession and of the manufacturer’s or distributor’s intent to discontinue the existing franchise with the new motor vehicle dealer no sooner than ninety (90) days from the date the notice is served.
          3. If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted by this chapter.
        3. Written designation of succession unaffected.  This chapter does not preclude the owner of a new motor vehicle dealership from designating any person as the owner’s successor by written instrument filed with the manufacturer or distributor and, in the event there is a conflict between that written instrument and the provisions of this section, the written instrument shall govern.
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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 346, § 3; P.L. 1982, ch. 448, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6.

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        >>>>>>> origin/main 31-5.1-4.2. Establishing new dealerships and relocating existing dealerships.

        1. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership, adding an additional location for an existing new motor vehicle dealership, or relocating an existing new motor vehicle dealership within or into a relevant market area where the same line or make is then represented, except when the corporation operating the new motor vehicle dealership contains one or more officers who were also officers of a dealership operating at the same location as the new motor vehicle dealership immediately prior to the establishment of the new motor vehicle dealership, the manufacturer shall in writing by certified mail first notify the department and each new motor vehicle dealer in the same line or make in the relevant market area of the intention to establish an additional dealership to add an additional location for an existing new motor vehicle dealership, or to relocate an existing dealership within or into that market area. Within thirty (30) days of receiving notice or within thirty (30) days after the end of any appeal procedure provided by the manufacturer, any affected new motor vehicle dealership may file with the department a protest to the establishing or relocating of the new motor vehicle dealership or adding an additional location for an existing new motor vehicle dealership. When a protest is filed, the department shall inform the manufacturer that a timely protest has been filed, and that the manufacturer shall not establish or relocate the proposed new motor vehicle dealership or add the proposed additional location for an existing new motor vehicle dealership until the department has held a hearing, nor until the department has determined that there is good cause for not permitting the new motor vehicle dealership. For the purposes of this section, the reopening in a relevant market area of a new motor vehicle dealership shall be deemed the establishment of an additional new motor vehicle dealership.
        2. In determining whether good cause has been established for entering into or relocating an additional franchise for the same line or make, or adding an additional location for an existing new motor vehicle dealership, the department shall take into consideration the existing circumstances, including, but not limited to:
          1. Permanence of the investment of the existing new motor vehicle dealer(s) in the community;
          2. Whether the new motor vehicle dealers of the same line or make in that relevant market area are providing adequate consumer care for the motor vehicles of the line or make in the market area which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of motor vehicle parts, and qualified service personnel;
          3. Whether there is reasonable evidence that after the granting of the new motor vehicle dealership, that the market would support all of the dealerships of that line or make in the relevant market area;
          4. Whether it is injurious to the public welfare for an additional new motor vehicle dealership to be established;
          5. The growth or decline in population and new motor vehicle registrations during the past five (5) years in the relevant market area;
          6. Whether the manufacturer is motivated principally by good faith to establish an additional or new motor vehicle dealer and not by non-economic considerations;
          7. Whether the manufacturer has denied its existing new motor vehicle dealers of the same line or make the opportunity for reasonable growth, market expansion, or relocation;
          8. The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers in the relevant market area;
          9. Growth or decline in population, density of population, and new car registrations in the relevant market area;
          10. Distance, travel time, traffic patterns, and accessibility between the existing new dealership of the same new line make and the location of the proposed new or relocated dealership;
          11. The amount of business transacted by existing new motor vehicle dealers of the line or make when compared with the amount of business available to them;
          12. Whether the existing new motor vehicle dealers of the line or make are receiving vehicles and parts in quantities promised by the manufacturer, factory branch or distributor and on which promised quantities existing new motor vehicle dealers based their investment and scope of operations.
        3. Any parties to a hearing by the department concerning the establishing or relocating of a new motor vehicle dealership or adding an additional location for an existing new motor vehicle dealership shall have a right to a review of the decision in a court of competent jurisdiction.
        4. At any hearing conducted by the department under this section, the manufacturer or dealer seeking to establish an additional new motor vehicle dealership, relocate an existing new motor vehicle dealership, or add an additional location for an existing new motor vehicle dealership shall bear the burden of proof in establishing that good cause exists for it.
        5. Every person, firm or corporation who prior to the retail sale of a motor vehicle, converts or otherwise assembles, installs or affixes a body, cab or special equipment to a chassis or who adds to, subtracts from or modifies a previously assembled or manufactured motor vehicle shall be required to comply with the requirements of this section.
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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 346, § 3; P.L. 1982, ch. 448, § 1; P.L. 1990, ch. 400, § 1; P.L. 1990, ch. 401, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1991, ch. 50, § 2; P.L. 2000, ch. 428, § 1; P.L. 2000, ch. 431, § 1; P.L. 2001, ch. 27, § 1; P.L. 2001, ch. 267, § 1.

        NOTES TO DECISIONS

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        Out-Of-State Dealers.

        This section does not apply to out-of-state dealers. Fireside Nissan v. Fanning, 828 F. Supp. 989, 1993 U.S. Dist. LEXIS 10800 (D.R.I. 1993), aff'd, 30 F.3d 206, 1994 U.S. App. LEXIS 18226 (1st Cir. 1994).

        =======
        Out-Of-State Dealers.

        This section does not apply to out-of-state dealers. Fireside Nissan v. Fanning, 828 F. Supp. 989, 1993 U.S. Dist. LEXIS 10800 (D.R.I. 1993), aff'd, 30 F.3d 206, 1994 U.S. App. LEXIS 18226 (1st Cir. 1994).

        >>>>>>> origin/main 31-5.1-5. Delivery obligations.

        Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers, and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with the delivery and preparation obligations, shall be filed with the department by every motor vehicle manufacturer, and shall constitute the dealer’s only responsibility for product liability as between the dealer and the manufacturer. The compensation as set forth on the schedule shall be in accordance with §§ 6A-2-329 and 31-5.1-6 .

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        >>>>>>> origin/main History of Section. P. L. 1974, ch. 292, § 1; P.L. 1982, ch. 448, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3.

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        >>>>>>> origin/main 31-5.1-6. Warranty agreement.

        1. Every manufacturer shall properly fulfill any warranty agreement and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. In no event shall that compensation fail to include reasonable compensation for diagnostic work, as well as repair service and labor. All claims made by motor vehicle dealers for labor and parts shall be paid in accord with the provisions of this section. Any delay in payment after approval or disapproval that is caused by conditions beyond the reasonable control of the manufacturer shall not constitute a violation of this section. Reimbursement for warranty repairs or diagnostic work shall be at the dealer retail rate in effect at the time the warranty repair or diagnostic work is performed. Compensation for parts used in warranty service shall be fair and reasonable, as determined by methods described in subsection (b). Compensation for labor used in warranty service shall be fair and reasonable, as determined by methods described in subsection (c).
        2. The retail rate customarily charged by the dealer for parts shall be established by the dealer submitting to the manufacturer or distributor one hundred (100) sequential non-warranty customer-paid service repair orders that contain warranty-like parts, or sixty (60) consecutive days of non-warranty customer-paid service repair orders that contain warranty-like parts, whichever is less, covering repairs made no more than one hundred eighty (180) days before the submission and declaring the average percentage markup. The average of the markup rates shall be presumed to be fair and reasonable, however, a manufacturer or distributor may, not later than thirty (30) days after submission, rebut that presumption by reasonably substantiating that the rate is unfair and unreasonable in light of the practices of all other franchised motor vehicle dealers in the vicinity offering the same line-make vehicles. The retail rate shall go into effect thirty (30) days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate as described above. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average percentage markup based on that rebuttal not later than thirty (30) days after submission. If the dealer does not agree with the proposed average percentage markup, the dealer may file a protest with the department not later than thirty (30) days after receipt of that proposal by the manufacturer or distributor. If the protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and that a hearing will be held on the protest. In any hearing held pursuant to this subsection, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was unfair and unreasonable as described in this subsection and that the proposed adjustment of the average percentage markup is fair and reasonable pursuant to the provisions of this subsection.
        3. The retail rate customarily charged by the dealer for labor may be established by submitting to the manufacturer or distributor all non-warranty customer-paid service repair orders covering repairs made during the month prior to the submission and dividing the amount of the dealer’s total labor sales by the number of total labor hours that generated those sales. The average labor rate shall be presumed to be fair and reasonable, provided a manufacturer or distributor may, not later than thirty (30) days after submission, rebut the presumption by reasonably substantiating that the rate is unfair and unreasonable in light of the practices of all other franchised motor vehicle dealers in the vicinity offering the same line-make vehicles. The average labor rate shall go into effect thirty (30) days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average labor rate based on the rebuttal not later than thirty (30) days after submission. If the dealer does not agree with the proposed average labor rate, the dealer may file a protest with the department not later than thirty (30) days after receipt of that proposal by the manufacturer or distributor. If a protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and that a hearing will be held on the protest. In any hearing held pursuant to this subsection, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was unfair and unreasonable as described in this subsection and that the proposed adjustment of the average labor rate is fair and reasonable pursuant to the provisions of this subsection.
        4. In calculating the retail rate customarily charged by the dealer for parts and labor, the following work shall not be included in the calculation:
          1. Repairs for manufacturer or distributor special events, specials, or promotional discounts for retail customer repairs;
          2. Parts sold at wholesale;
          3. Engine assemblies and transmission assemblies;
          4. Routine maintenance not covered under any retail customer warranty, such as fluids, filters, and belts not provided in the course of repairs;
          5. Nuts, bolts, fasteners, and similar items that do not have an individual part number;
          6. Tires; and
          7. Vehicle reconditioning.
        5. If a manufacturer or distributor furnishes a part or component to a dealer at no cost, to use in performing repairs under a recall, campaign service action, or warranty repair, the manufacturer or distributor shall compensate the dealer for the part or component in the same manner as warranty parts compensation under this section by compensating the dealer the average markup on the cost for the part or component as listed in the manufacturer’s or distributor’s price schedule less the cost for the part or component.
        6. A manufacturer or distributor may not require a dealer to establish the retail rate customarily charged by the dealer for parts and labor by an unduly burdensome or time-consuming method or by requiring information that is unduly burdensome or time consuming to provide, including, but not limited to, part-by-part or transaction-by-transaction calculations. A dealer may not declare an average percentage markup or average labor rate more than twice in one calendar year.
        7. A manufacturer or distributor may not otherwise recover its costs from dealers within this state, including an increase in the wholesale price of a vehicle or surcharge imposed on a dealer solely intended to recover the cost of reimbursing a dealer for parts and labor pursuant to this section, provided a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.
        8. Each manufacturer or distributor shall perform all warranty obligations, include in written notices of factory recalls to owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of the defects, and compensate dealers for repairs necessitated by such recall.
        9. A claim filed under this section by a dealer with a manufacturer or distributor shall be:
          1. In the manner and form prescribed by the manufacturer or distributor; and
            1. Approved or disapproved within (30) days of receipt.
            2. A claim not approved or disapproved within thirty (30) days of receipt shall be deemed approved.
            3. Payment of, or credit issued on, a claim filed under this section shall be made within thirty (30) days of approval.

              (3) (i) If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within twelve (12) months from the date the claim was paid or credit issued.

              (ii) A manufacturer or distributor shall not charge back a claim based solely on a motor vehicle dealer’s incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim after the motor vehicle dealer properly resubmits the claim in accordance with the manufacturer’s or distributor’s submission guidelines.

              (iii) A dealer shall have no less than sixty (60) days from the date of notification by a manufacturer or distributor of a charge back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer’s incidental failure as set forth in subsection (i)(3)(ii), whether the chargeback was a direct or an indirect transaction.

            4. This subdivision does not limit the right of a manufacturer or distributor to charge back for any claim that is proven to be fraudulent.
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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 1995, ch. 339, § 1; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1; P.L. 2018, ch. 127, § 1; P.L. 2018, ch. 266, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 353, § 1, and P.L. 2014, ch. 397, § 1 enacted identical amendments to this section.

        P.L. 2018, ch. 127, § 1, and P.L. 2018, ch. 266, § 1 enacted identical amendments to this section.

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        >>>>>>> origin/main 31-5.1-6.1. Obligations during recalls.

        1. A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be at the dealer retail rate in effect at the time the recall repair work is performed. The dealer retail rate for parts and labor shall be at the same rates as those provided for under § 31-5.1-6 . If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by the dealer authorized to sell new vehicles of the same line-make within thirty (30) days of the manufacturer issuing the initial notice of recall and the manufacturer has issued a “Stop-Sale,” or “Do-Not-Drive,” order on the vehicle, the manufacturer shall compensate the dealer at a rate of at least one and one-half percent (1.5%) of the value of the vehicle per month, or portion of a month, while the recall or remedy parts are unavailable and the “Stop-Sale,” or “Do-Not-Drive,” order remains in effect. A “Stop-Sale” shall be defined as a notification issued by a vehicle manufacturer to its franchised dealerships stating that certain used vehicles in inventory shall not be sold or leased, at retail and/or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal or California emissions recall.
        2. The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent, third-party guide for the year, make, model, and mileage of the recalled vehicle on the later of:
          1. The date the “Stop-Sale” or “Do-Not-Drive” order was issued; or
          2. The date the vehicle is taken in the used motor vehicle inventory.
        3. This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a “Stop-Sale,” or “Do-Not-Drive,” order has been issued; provided, further, that this section shall apply only to new motor vehicle dealers holding used vehicles for sale that are a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs. This section further shall apply only to new motor vehicle dealers holding an affected used motor vehicle for sale that was:
          1. In inventory at the time the “Stop-Sale” or “Do-Not-Drive” order was issued;
          2. Taken in the used motor vehicle inventory of the new motor vehicle dealer as a consumer trade-in incident to the purchase of a new motor vehicle before or after the “Stop-Sale” or “Do-Not-Drive” order was issued; or
          3. Properly taken in the used motor vehicle inventory of the new motor vehicle dealer as a lease return vehicle returned to the new motor vehicle dealer before or after the “Stop-Sale” or “Do-Not-Drive” order was issued in accordance with the terms of the applicable contract.
        4. It shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to a new motor vehicle dealer, whether through a chargeback; removal from an incentive program; reduction in amount owed under an incentive program; or any other means, because the new motor vehicle dealer has submitted a claim for reimbursement under this section, or was otherwise compensated for a vehicle subject to a recall where a “Stop-Sale,” or “Do-Not-Drive,” order has been issued.
        5. All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a “Stop-Sale” or “Do-Not-Drive” order, shall be subject to the same limitations and requirements as a warranty reimbursement claim made under § 31-5.1-6 . Claims shall be either approved or disapproved within thirty (30) days after they are submitted to the manufacturer in the manner and on the forms the manufacturer reasonably prescribes. All claims shall be paid within thirty (30) days of approval of the claim by the manufacturer. Any claim not specifically disapproved in writing within thirty (30) days after the manufacturer receives a properly submitted claim shall be deemed to be approved. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program provided the compensation under the program is equal to or greater than that provided under subsection (a) of this section or the manufacturer and dealer otherwise agree.
        6. Nothing in this section shall require a manufacturer to provide total compensation to a new motor vehicle dealer that would exceed the total average trade-in value of the affected used motor vehicle as determined under subsection (b) of this section.
        7. Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state recall compensation remedy.
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        >>>>>>> origin/main History of Section. P.L. 2017, ch. 471, § 1.

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        >>>>>>> origin/main 31-5.1-7. Unlawful restrictions on dealerships.

        It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, non-competition covenants, site-control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards, and assertion of legal or equitable rights.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-8. Agreements.

        The provisions of this chapter shall apply to all written or oral agreements between a manufacturer and a motor vehicle dealer including, but not limited to, the franchise offering; the franchise agreement; sales of goods, services, or advertising; leases of mortgages of real or personal property; promises to pay; security interests; pledges; insurance contracts; advertising contracts; construction or installation contracts; servicing contracts; and all other agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1.

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        >>>>>>> origin/main 31-5.1-9. Product liability indemnification.

        Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised new motor vehicle dealers against any judgment or settlement for damages including, but not limited to, court costs and reasonable attorney’s fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or revocation of the sale as defined in § 6A-2-608 , to the extent that the judgment or settlement related to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories or any other function of the manufacturer, beyond the control of the dealer.

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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 346, § 3.

        Repealed Sections.

        The former section (P.L. 1974, ch. 292, § 1), which concerned franchise renewals, was repealed by P.L. 1981, ch. 346, § 2. For new law concerning franchise renewal, see § 31-5.1-4(d) .

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        >>>>>>> origin/main 31-5.1-10. Free association.

        Every franchisee shall have the right of free association with other franchisees for any lawful purpose.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-11. Sales to the state.

        In connection with a sale of a motor vehicle or vehicles to the state or to any political subdivision, no manufacturer, distributor or wholesaler shall offer any discounts, refunds, or any other similar type of inducement to any dealer without making the same offer or offers to all other of its dealers within the relevant market area, and if any inducements are made, the manufacturer, distributor, or wholesaler shall give simultaneous notice to all of its dealers within the relevant market area.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-12. Enforcement.

        1. The department shall enforce compliance with the provisions of this chapter. If the department deems that there has been a violation of this chapter, the department shall hold a show cause hearing for revocation or suspension of a license in accordance with the Administrative Procedures Act, chapter 35 of title 42.
        2. Any person regulated by this chapter shall have his or her license to operate in this state revoked or suspended upon a finding by the department of a failure to comply with the provisions of this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3.

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        >>>>>>> origin/main 31-5.1-13. Civil remedies.

        1. Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation of this chapter relating to that franchise, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, and to recover the actual damages sustained by that person together with the costs of the suit, including a reasonable attorney’s fee.
        2. Any motor vehicle dealer or franchisee shall have the right to civil damages; including a reasonable attorney’s fee, for any loss sustained as a result of a violation of this chapter. A final judgment, order, or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States anti-trust laws, under the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., or under this chapter shall be regarded as prima facie evidence against that person subject to the conditions set forth in the United States anti-trust laws (15 U.S.C. § 16).
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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1.

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        >>>>>>> origin/main 31-5.1-14. Contracts void.

        Any contract, part of a contract, or practice under a contract in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-15. Limitation of action.

        Actions arising out of any provision of this chapter shall be commenced within four (4) years next after the cause of action accrues. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his or her cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal, or administrative proceeding against a person brought by the United States, or any of its agencies, under the anti-trust laws, the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., or any other federal act or the laws of the state related to anti-trust laws or to franchising, that action may be commenced within one year after the final disposition of that civil, criminal, or administrative proceeding.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-16. Bill to set aside department order.

        Any licensee or other person in interest, who is dissatisfied with the final order of the department, may appeal to the sixth division of the district court pursuant to the procedure established in § 42-35-15 .

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1; P.L. 1982, ch. 448, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1992, ch. 453, § 10; P.L. 1999, ch. 218, art. 5, § 13.

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        >>>>>>> origin/main 31-5.1-17. Severability.

        If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 292, § 1.

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        >>>>>>> origin/main 31-5.1-18. Transportation damages.

        1. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser.
        2. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.
        3. The new motor vehicle dealer is liable for damages to new motor vehicles after delivery to the carrier only if the dealer selects the method of transportation, mode of transportation, and the carrier. In all other instances, the manufacturer is liable for carrier-related new motor vehicle damage.
        4. On any new motor vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as defined in 26 U.S.C. § 4216 and measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass, tires, and bumpers is excluded from the six percent (6%) rule when replaced by identical manufacturer’s original equipment.
        5. Repaired damage to a customer ordered new motor vehicle, not exceeding the six percent (6%) rule, shall not constitute grounds for revocation of the customer order. The customer’s right of revocation ceases upon his or her acceptance of delivery of the vehicle.
        6. If damage to a vehicle exceeds the six percent (6%) rule at either the time the new motor vehicle is accepted by the new motor vehicle dealer, or whenever the risk of loss is shifted to the dealer (as defined in subsection (c)), whichever occurs first, then the dealer may reject the vehicle within a reasonable time. Should the dealer elect to repair any damage exceeding the six percent (6%) rule, full disclosure shall be made by the dealer in writing to the customer and an acknowledgment by the customer is required. If there is less than six percent (6%) damage as described in subsection (d) of this section, no disclosure is required. Pre-delivery mechanical work shall not require a disclosure.
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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 347, § 1.

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        >>>>>>> origin/main 31-5.1-19. Risk of loss.

        1. If a new motor vehicle dealer determines the method of transportation, as defined in § 31-5.1-18(c) , then the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
        2. In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer accepts the vehicle from the carrier.
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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 347, § 1.

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        >>>>>>> origin/main 31-5.1-20. Extent of damage liability to dealers.

        1. The extent of liability to a dealer regarding repair work shall be limited to the gross charge for the repair work.
        2. Dealers shall not be liable for transportation or rental costs during the time in which repairs are made.
        3. In any action regarding dealers involving §§ 31-5.1-18 — 31-5.1-20 the dealer shall have the right to recover reasonable attorney’s fees and court costs upon a finding of capricious action by a litigant.
        4. Where a dealer has refunded the purchase price in full on a new motor vehicle within thirty (30) days of delivery, and that vehicle is returned to the dealer free of collision, the dealer may sell the motor vehicle as new but the vehicle’s mileage must be disclosed to the buyer.
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        >>>>>>> origin/main History of Section. P.L. 1981, ch. 347, § 1.

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        >>>>>>> origin/main 31-5.1-21. Promotional activities.

        1. Upon filing of a claim, a manufacturer or distributor shall compensate a dealer for any incentive or reimbursement program sponsored by the manufacturer or distributor, under the terms of which the dealer is eligible for compensation.
          1. A claim filed under this section shall be:
            1. In the manner and form prescribed by the manufacturer or distributor; and
            2. Approved or disapproved within thirty (30) days of receipt.
          2. A claim not approved or disapproved within thirty (30) days of receipt shall be deemed approved.
          3. Payment of a claim filed under this section shall be made within thirty (30) days of approval.
          1. If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within one year from the date the claim was paid or credit issued or one year from the end of a manufacturer program that does not exceed one year in length, whichever is later.
            1. A manufacturer or distributor shall not charge back a claim based solely on a motor vehicle dealer’s incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim after the motor vehicle dealer properly resubmits the claim in accordance with the manufacturer’s or distributor’s submission guidelines.
            2. A dealer shall have no less than sixty (60) days from the date of notification by a manufacturer or distributor of a charge back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer’s incidental failure as set forth in subsection (c)(1)(ii) whether the chargeback was a direct or an indirect transaction.
          2. This paragraph does not limit the right of a manufacturer or distributor to charge back for any claim that is proven fraudulent.
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        >>>>>>> origin/main History of Section. P.L. 1995, ch. 339, § 2; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1; P.L. 2010, ch. 239, § 4; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 353, § 1, and P.L. 2014, ch. 397, § 1 enacted identical amendments to this section.

        Chapter 5.2 Consumer Enforcement of Motor Vehicle Warranties

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        >>>>>>> origin/main 31-5.2-1. Definitions.

        The following words and phrases, for the purposes of this chapter, have the following meanings:

        1. “Consumer” means a buyer, other than for purposes of resale, of a motor vehicle, any person to whom that motor vehicle is transferred for the same purposes during the duration of any express or implied warranty applicable to that motor vehicle, and any other person entitled by the terms of that warranty to enforce its obligations.
        2. “Dealer” means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles.
        3. “Lease price” means the aggregate of:
          1. Lessor’s actual purchase costs.
          2. Collateral charges, if applicable.
          3. Any fee paid to another to obtain the lease.
          4. Any insurance or other costs expended by the lessor for the benefit of the lessee.
          5. An amount equal to state and local sales taxes not otherwise included as collateral charges, paid by the lessor when the vehicle was initially purchased.
          6. An amount equal to five percent (5%) of the lessor’s actual purchase costs.
        4. “Lessee” means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle or any consumer who leases a motor vehicle pursuant to a lease-purchase agreement.
        5. “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.
        6. “Lessor” means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement or who holds the lessor’s rights under such agreement.
        7. “Manufacturer” means any person, partnership, firm, association, corporation, or trust, resident or nonresident, which is engaged in the business of manufacturing or assembling new motor vehicles, or which is engaged in the business of importing new motor vehicles which are manufactured or assembled outside of the United States.
        8. “Motor vehicle” or “vehicle” means: (i) an automobile, truck, motorcycle, or van having a registered gross vehicle weight of less than ten thousand pounds (10,000 lbs.), sold, leased, or replaced by a dealer or manufacturer, except that it shall not include a motorized camper as defined in § 31-1-3 ; or (ii) a municipality, municipal agency or fire district owned or leased fire department motorized apparatus which has not been significantly altered in such a manner to cause a breach of the manufacturer’s warranty.
        9. “Nonconformity” means any specific or generic defect or malfunction, or any concurrent combination of such defects or malfunctions, that substantially impairs the use, market value, or safety of a motor vehicle.
        10. “Term of protection” means one year or fifteen thousand (15,000) miles of use from the date of original delivery of a new motor vehicle to the consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this chapter, one year or fifteen thousand (15,000) miles from the date of delivery to the consumer of that replacement vehicle, whichever comes first.
        11. “Motor vehicle arbitration board” means the board to be established by the department of attorney general as set forth in § 31-5.2-7.1 , which board shall replace the consumers’ council automobile dispute settlement panel.
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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 237, § 1; P.L. 1991, ch. 128, § 1; P.L. 2000, ch. 109, § 61; P.L. 2004, ch. 6, § 14; P.L. 2005, ch. 106, § 1; P.L. 2005, ch. 123, § 1; P.L. 2007, ch. 165, § 1; P.L. 2007, ch. 248, § 1.

        Cross References.

        Violation of chapter as deceptive trade practice, § 6-13.1-18 .

        Collateral References.

        Validity, construction and effect of state motor vehicle warranty legislation. 88 A.L.R.5th 301.

        Who is a “consumer” entitled to protection of state deceptive trade practice and consumer protection acts. 63 A.L.R.5th 1.

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        >>>>>>> origin/main 31-5.2-2. Manufacturers’ obligation to fulfill warranties.

        If a motor vehicle does not conform to any applicable express or implied warranties, including, but not limited to, the implied warranty of merchantability as defined in § 6A-2-314 and the implied warranty of fitness for a particular purpose as defined in § 6A-2-315 , and the consumer or lessee reports the nonconformity to the manufacturer of the vehicle, its agent, or its authorized dealer or lessor during the term of protection, the manufacturer, its agent, or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to the warranty, notwithstanding the fact that those repairs are made after the expiration of the term.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-3. Replacement of nonconforming vehicle.

          1. If the manufacturer, its agent, or its authorized dealer or lessor does not conform the motor vehicle to any applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer or lessee and, at the consumer’s or lessee’s option, refund the full contract price or lease price of the vehicle including all credits and allowances for any trade-in vehicle, less a reasonable allowance for use, or replace it with a comparable new motor vehicle in good working order.
          2. A manufacturer replacing a motor vehicle shall have thirty (30) calendar days from the date of return of the motor vehicle under the provisions of this chapter to deliver a comparable motor vehicle. If, within that thirty (30) days, no comparable motor vehicle has been delivered, the manufacturer shall refund the full contract price or lease price less a reasonable allowance for use.
            1. In instances in which a vehicle is replaced by a manufacturer under the provisions of this chapter, the manufacturer shall reimburse the consumer or lessee for any fees for the transfer of registration or any sales tax incurred by the consumer or lessee as a result of that replacement.
            2. In instances in which a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this chapter, the manufacturer, subsidiary, or agent shall not require the consumer or lessee to enter into any refinancing agreement with an interest rate or other financial terms which are less favorable to the consumer or lessee than those stated in the original financing agreement.
            3. In instances in which a refund is tendered under the provisions of this chapter, the manufacturer shall also reimburse the consumer or lessee for incidental costs including sales tax, registration fee, finance charges, and any cost of nonremovable options added by an authorized dealer or lessor.
            4. Whenever a vehicle is replaced or refunded under the provisions of this chapter, in instances in which towing services and rental vehicles of comparable year and size were not made available at no cost to the consumer or lessee, the manufacturer shall also reimburse the consumer or lessee for towing and reasonable rental costs that were a direct result of vehicle nonconformity.
          4. Refunds shall be made to the consumer or lessee and to the lienholder, if any, as their interests may appear.
          5. A reasonable allowance for use shall be obtained by multiplying the total contract price or lessee cost of the vehicle by a fraction having as its denominator one hundred thousand (100,000) and having as its numerator the number of miles that the vehicle traveled prior to the consumer’s first report of the nonconformity to the manufacturer, its agent, or its dealer or lessor plus the number of miles that it traveled during any subsequent period when the vehicle was not out of service by reason of repair.
          6. A consumer or lessee shall have the option of retaining the use of any vehicle returned under the provisions of this chapter until such time as the consumer or lessee has been tendered a full refund or replacement vehicle acceptable to the consumer or lessee. The use of any vehicle retained by a consumer or lessee after its return to a manufacturer under the provisions of this chapter shall, in instances in which a refund is tendered, be reflected in the above-mentioned reasonable allowance for use.
        2. If applicable, refunds shall be made to the lessor and lessee as their interests may appear on the records of ownership as follows: the lessee shall receive the lessee cost and the lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle. If it is determined that the lessee is entitled to a refund pursuant to this chapter, the consumer’s lease agreement with the lessor shall be terminated upon payment of the refund and no penalty for early termination shall be assessed.
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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 237, § 1; P.L. 1995, ch. 236, § 1.

        NOTES TO DECISIONS

        Purpose.

        To construe the language of this section as requiring the consumer to return a nonconforming vehicle solely to the manufacturer at its place of business, and not to an authorized dealer located within the state, would violate the legislature’s intent and effectuate an absurd result. Schram v. Burrillville Chevrolet, Inc., 728 A.2d 457, 1999 R.I. LEXIS 104 (R.I. 1999).

        Dealer’s Liability.

        While a dealer may have no liability to refund the purchase price or to replace a nonconforming vehicle, it still can serve as a conduit or agent for the buyer/lessee’s return of the vehicle to the manufacturer and for the manufacturer’s replacement or refund, particularly as the dealer may remain liable in the event that it has failed to fulfill its legal obligations under the lemon law to cure the nonconforming vehicle by properly performing repairs. Schram v. Burrillville Chevrolet, Inc., 728 A.2d 457, 1999 R.I. LEXIS 104 (R.I. 1999).

        A trial court erred when it dismissed a dealer from a lawsuit based on the lemon law on the mere grounds that, as a matter of law, it could not find the dealer liable for refunding the purchase price or replacing the nonconforming vehicle, since the dealer’s inability to cure the alleged defects is a predicate to any return of the vehicle or refund of the purchase price, and since, as the manufacturer’s authorized agent within the state, the dealer is the manufacturer for purposes of securing compliance with the lemon law as far as consumers are concerned. Schram v. Burrillville Chevrolet, Inc., 728 A.2d 457, 1999 R.I. LEXIS 104 (R.I. 1999).

        Collateral References.

        Award of attorney’s fees under state motor vehicle warranty legislation (lemon laws). 82 A.L.R.5th 501.

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        >>>>>>> origin/main 31-5.2-4. Affirmative defenses.

        It shall be an affirmative defense to any claim under this section:

        1. That an alleged nonconformity does not substantially impair the use, market value, or safety of the vehicle; or
        2. That a nonconformity is the result of abuse, neglect, or unauthorized substantial modification or alteration of the vehicle by the consumer or lessee.
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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-5. Time allowed for correction of nonconformity.

        1. A reasonable number of attempts shall be presumed to have been undertaken to conform a motor vehicle to any applicable express or implied warranties if:
          1. The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or authorized dealers or lessors within the term of protection, but the nonconformity continues to exist or the nonconformity has recurred within the term of protection, or
          2. The vehicle is out of service by reason of the repair of any nonconformity for a cumulative total of thirty (30) or more calendar days during the term of protection; provided, however, that the manufacturer shall be afforded one additional opportunity, not to exceed seven (7) calendar days, to cure any nonconformity arising during the term of protection, notwithstanding the fact that the additional opportunity to cure commences after the term of protection.
        2. The additional opportunity to cure shall commence on the day the manufacturer first knows or should have known that the limits specified in subsection (a)(1) or (a)(2) have been met or exceeded. The term of protection, the thirty (30) calendar day period specified in subsection (a)(2), and the additional opportunity to cure shall be extended by any period of time during which repair services are not available to the consumer or lessee as a direct result of a war, invasion, fire, flood or other natural disaster. The term of protection, the thirty (30) calendar day period and the additional opportunity to cure shall also be extended by that period of time during which repair services are not available as a direct result of a strike. During a strike, however, the manufacturer, its agent, or its authorized dealer or lessor shall make provision for the free use of a vehicle of comparable year and size by any consumer or lessee whose vehicle is out of service by reason of repair during a strike. The burden shall be on the manufacturer to show that any event claimed as a reason for an extension under the provisions of this section was the direct cause for the failure of the manufacturer, its agent or lessor, or its authorized dealer to cure any nonconformity during the time of that event. Extensions for concurrent events shall not be cumulative.
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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-6. Rights and remedies cumulative.

        Nothing in this chapter shall be construed to limit the rights or remedies which are otherwise available to a consumer or lessee under law.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-7. Informal dispute settlement procedures.

        If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703, or which has been approved by the federal trade commission or by the attorney general of this state, the provisions of § 31-5.2-3 concerning refunds or replacement shall not apply to any consumer or lessee who has not first resorted to that manufacturer’s procedure or to the procedure set forth in § 31-5.2-7.1 . This section shall not apply unless the manufacturer, its agents, or its authorized dealer or lessor shall have provided the consumer or lessee with clear and conspicuous written notice of the procedure at the time of delivery of the motor vehicle. A decision resulting from an informal dispute settlement procedure shall be binding upon the manufacturer if the consumer or lessee elects to accept the decision. The manufacturer shall perform its obligations as set forth in the decision within a reasonable period of time not to exceed thirty (30) calendar days from the rendering of the decision. In no event shall a consumer or lessee who has resorted to an informal dispute settlement procedure be precluded from seeking the rights and/or remedies provided by this chapter. Any applicable statute of limitation including, but not limited to, that set forth in § 31-5.2-12 shall be tolled during the period from the initiation of a dispute settlement procedure until thirty (30) days following the rendering of a final decision in the process.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 250, § 2; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-7.1. Procedure.

        1. In addition to any settlement procedure provided for in § 31-5.2-7 , the department of the attorney general shall provide an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufacturers concerning motor vehicles which do not conform to all applicable express or implied warranties. There shall be established the motor vehicle arbitration board which shall consist of five (5) members. The board shall consist of the attorney general or his or her designee, who shall serve as director, a member of the general public appointed by the attorney general, the director of the department of revenue or his or her designee, the president of the Rhode Island Automobile Dealers’ Association or his or her designee, and the administrator of the division of motor vehicles or his or her designee, only one of whom shall be directly involved in the manufacture, distribution, sale, lease, or service of any automobile product. Members shall be persons interested in consumer disputes, and shall serve without compensation.
        2. An owner or lessee of any motor vehicle purchased or leased which fails to conform to the applicable express or implied warranties may either initiate a request with the department of attorney general for arbitration by the motor vehicle arbitration board or take part in the settlement procedure set forth in § 31-5.2-7 if in existence. The consumer or lessee shall set forth, on a complaint form prescribed by the department of attorney general, any information he or she deems relevant to the resolution of the dispute and shall file the complaint with a nonrefundable filing fee of twenty dollars ($20.00). The attorney general shall decide if the complaint is eligible under chapter 5.2 of this title. Upon acceptance of the complaint, the attorney general shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, in writing on a form prescribed by the attorney general, any information the manufacturer deems relevant to the resolution of the dispute. The manufacturer shall return the form, along with a non-refundable fifty dollar ($50.00) filing fee, within twenty (20) days of receipt. The department of attorney general shall then refer the matter to the motor vehicle arbitration board created pursuant to subsection (a) of this section.
        3. The motor vehicle arbitration board shall investigate, gather, and organize all information necessary for a fair and timely decision in each dispute. The board may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, and records relevant to the dispute.
        4. At all arbitration proceedings before the board the parties may present oral or written testimony, present witnesses and evidence relevant to the dispute, cross examine witnesses, and be represented by counsel.
        5. The motor vehicle arbitration board may forward a copy of all written testimony, including all documentary evidence, to an independent technical expert, who shall review the material and be able to advise and consult with the board. An expert shall sit as a non-voting member of the board whenever oral testimony is presented. The expert shall provide advice and counsel to the board as a part of its deliberation process and shall aid the board in preparing its findings and facts.
        6. The motor vehicle arbitration board shall grant the relief specified in § 31-5.2-3 of this chapter and any other relief available under the applicable warranties or the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 88 Stat. 2183 (1975), 15 U.S.C. section 2301 et seq., as in effect on October 1, 1982, to the consumer or lessee if a reasonable number of attempts, as provided in § 31-5.2-5(1) and (2) have been undertaken to correct one or more nonconformities that substantially impair the motor vehicle. The motor vehicle arbitration board shall dismiss the dispute if it finds, after considering all the evidence presented, that the consumer or lessee is not entitled to relief under this chapter.
          1. The board shall, as expeditiously as possible, but not later than ninety (90) days from the date the director deems the dispute eligible for arbitration, render a fair decision based on the information gathered and disclose its findings and the reasons for it to the parties involved. The consumer or lessee shall accept or reject the decision within five (5) days of its filing.
          2. If the decision is favorable to the consumer or lessee, the manufacturer shall within thirty (30) days after the rendering of the decision, either comply with the terms of the decision if the consumer or lessee elects to accept the decision or appeal the finding to superior court. No appeal by a manufacturer shall be heard unless the petition for such appeal is filed with the clerk of the superior court within thirty (30) days of issuance of the finding of the motor vehicle arbitration board and is accompanied by a bond in a principal sum equal to the money award made by the state-certified arbitrator plus two thousand five-hundred dollars ($2,500) for anticipated attorneys’ fees, secured by cash or its equivalent, payable to the consumer. The liability of the surety of any bond filed pursuant to this section shall be limited to the indemnification of the consumer in the action. Such bond shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of the bond be relevant in determining the amount of recovery to which the consumer shall be entitled. In the event that any motor vehicle arbitration board decision, resulting in an award of a refund or replacement, is upheld by the court, recovery by the consumer shall include continuing damages in the amount of twenty-five dollars ($25.00) per day for each day, subsequent to the day the motor vehicle was returned to the manufacturer pursuant to § 31-5.2-3 , that said vehicle was out of use as a direct result of any nonconformity not issuing from owner negligence, accident, vandalism or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer; provided, however, that the manufacturer did not make a comparable vehicle available to the consumer free of charge. In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorneys’ fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award made to the consumer. The motor vehicle arbitration board shall contact the consumer or lessee, within ten (10) working days after the date for performance, to determine whether performance has occurred.
        8. The motor vehicle arbitration board shall maintain the records of each dispute as deemed necessary, including an index of disputes by brand name and model. The motor vehicle arbitration board shall, at intervals of no more than six (6) months, compile and maintain statistics indicating the record of manufacturer compliance with arbitration decisions and the number of refunds or replacement awarded. The summary shall be a public record.
        9. The motor vehicle arbitration board automobile dispute settlement procedure shall be prominently posted in the place of business of each new car dealer or lessor licensed by the department of revenue to engage in the sale or lease of that manufacturer’s new motor vehicles. The display of this public notice shall be a condition of licensure under the general laws. The board shall determine the size, type face, form and wording of the sign required by this section, which shall include the telephone number and the address to which requests for the motor vehicle arbitration board arbitration services may be sent.
        10. The motor vehicle arbitration board shall adopt regulations, in accordance with the provisions of the general laws to carry out the purposes of this section. Written copies of the regulations and appropriate arbitration hearing procedures shall be provided to any person upon request.
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        >>>>>>> origin/main History of Section. P.L. 1990, ch. 250, § 1; P.L. 1992, ch. 324, § 12; P.L. 1995, ch. 236, § 1; P.L. 2000, ch. 109, § 61; P.L. 2005, ch. 106, § 1; P.L. 2005, ch. 123, § 1; P.L. 2008, ch. 98, § 7; P.L. 2008, ch. 145, § 7.

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        >>>>>>> origin/main 31-5.2-8. Waiver of rights prohibited.

        Any agreement entered into by a consumer or lessee for the purchase or lease of a new motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-9. Disclosure of nonconformity prior to resale.

        No motor vehicle that is returned to the manufacturer under the provisions of this chapter shall be resold or re-leased in the state without clear and conspicuous written disclosure to the prospective purchaser or lessee prior to resale of the fact that it was so returned due to a nonconformity. The attorney general shall prescribe the exact form and content of the disclosure statement.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-10. Cause of action.

        An aggrieved consumer or lessee may bring an action under the Rules of Civil Procedure in the superior court to enforce the provisions of this chapter.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

        Cross References.

        Violation of chapter as deceptive trade practice, § 6-13.1-18 .

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        >>>>>>> origin/main 31-5.2-11. Attorney’s fees.

        The court hearing a complaint brought by a consumer or lessee aggrieved by a violation of this chapter shall award reasonable attorney’s fees to a prevailing plaintiff.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-12. Commencement of action.

        Any action brought pursuant to this chapter shall be commenced within three (3) years of the date of original delivery of the motor vehicle to the consumer or lessee or within two (2) years of the date on which the mileage on the motor vehicle reached fifteen thousand (15,000) miles, whichever is earlier.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

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        >>>>>>> origin/main 31-5.2-13. Deceptive trade practice.

        A manufacturer’s failure to comply with any of the provisions of this chapter shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1.

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        >>>>>>> origin/main 31-5.2-14. Consumers’ council automobile dispute settlement panel — Motor vehicle arbitration board.

        Whenever the term “consumer’s council automobile dispute settlement panel,” for the purpose of providing an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufactures concerning motor vehicles which do not conform to all applicable express or implied warranties is used, the term shall mean the motor vehicle arbitration board established by the department of attorney general pursuant to § 31-5.2-7.1 .

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        >>>>>>> origin/main History of Section. P.L. 2005, ch. 106, § 2; P.L. 2005, ch. 123, § 2.

        Chapter 5.3 Protection of Used Motor Vehicle Purchasers

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        >>>>>>> origin/main 31-5.3-1. Repealed.

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 478, § 1; Repealed by P.L. 1987, ch. 222, § 1, effective June 25, 1987.

        Compiler’s Notes.

        Former § 31-5.3-1 concerned inspection of used vehicles prior to sale. For present provisions of law, see § 31-38-1 .

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        >>>>>>> origin/main 31-5.3-2. Deceptive trade practice.

        A dealer’s failure to comply with § 31-38-1 as to the inspection of used motor vehicles, shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 478, § 1; P.L. 1992, ch. 324, § 13.

        Chapter 5.4 Consumer Enforcement of Used Motor Vehicle Warranties

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        >>>>>>> origin/main 31-5.4-1. Sale of used motor vehicles — Definitions.

        As used in this chapter, the following words have the following meanings:

        1. “Consumer” means the purchaser, other than for purposes of resale, of a used motor vehicle normally used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to the motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
        2. “Dealer” means any person or business which sells or offers for sale a used vehicle after selling or offering for sale three (3) or more used vehicles in the previous twelve (12) month period, but does not include a bank or financial institution, a business selling a used vehicle to an employee of that business, a lessor selling a leased vehicle to that vehicle’s lessee, a family member of the lessee, or an employee of the lessee, or the state, its agencies, bureaus, boards, commissions, and authorities, and all of the political subdivisions of the state, including the agencies and authorities of any subdivision;
        3. “Repair insurance” means a contract in writing for any period of time or any specific mileage to refund, repair, replace, maintain, or take other action with respect to a used motor vehicle and which is regulated by the department of business regulation;
        4. “Service contract” means a contract in writing for any period of time or any specific mileage to refund, repair, replace, maintain, or take other action with respect to a used motor vehicle and provided at an extra charge beyond the price of the used motor vehicle;
        5. “Used motor vehicle” means a passenger motor vehicle, excluding motorcycles, motor homes, and off-road vehicles, which has been driven more than the limited use necessary in moving or road-testing a new vehicle prior to delivery;
        6. “Warranty” means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to the used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 1.

        Collateral References.

        Liability on implied warranties in sale of used motor vehicle. 47 A.L.R.5th 677.

        Validity, construction and effect of state motor vehicle warranty legislation. 88 A.L.R.5th 301.

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        >>>>>>> origin/main 31-5.4-2. Written warranty required — Terms.

        1. No dealer shall sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at minimum apply for the following terms:
          1. If the used motor vehicle has thirty-six thousand (36,000) miles or less, the warranty shall be at a minimum of sixty (60) days or three thousand (3,000) miles, whichever comes first.
          2. If the used motor vehicle has more than thirty-six thousand (36,000) miles, but not more than one hundred thousand (100,000) miles, the warranty shall be at a minimum of thirty (30) days or one thousand (1,000) miles, whichever comes first.
        2. The written warranty shall require the dealer or his or her agent to repair or, at the election of the dealer, reimburse the consumer for the reasonable cost of repairing the failure of a covered part. Covered parts shall at least include the following items:
          1. Engine.  All lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and flywheel.
          2. Transmission.  The transmission case, internal parts, and the torque converter.
          3. Drive axle.  Front and rear drive axle housings and internal parts, axle shafts, propeller shafts, and universal joints.
          4. Brakes.  Master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers.
          5. Radiator.
          6. Steering.  The steering gear housing and all internal parts, and the power steering pump, valve body, piston, and rack.
          7. The alternator, generator, starter, and ignition system, excluding the battery.
        3. Any required repair or reimbursement shall be made by the dealer notwithstanding the fact that the warranty period has expired, provided the consumer notifies the dealer of the failure of a covered part within the specified warranty period.
        4. If a new car warranty is in effect at the time of the sale of the used motor vehicle, then the warranty specified in this section shall be required only for the period of time, if any, between the expiration of the new car warranty and the period specified in subsection (a) of this section.
        5. The written warranty may contain additional language excluding coverage:
          1. For a failure of a covered part caused by a lack of customary maintenance;
          2. For a failure of a covered part caused by collision, abuse, negligence, theft, vandalism, fire, or other casualty and damage from the environment (windstorm, lightning, road hazards, etc.);
          3. If the odometer has been stopped or altered so that the vehicle’s actual mileage cannot be readily determined or if any covered part has been altered so that a covered part was thereby caused to fail;
          4. For maintenance services and the parts used in connection with those services such as seals, gaskets, oil, or grease unless required in connection with the repair of a covered part;
          5. For a motor tune-up;
          6. For a failure resulting from racing or other competition;
          7. For a failure caused by towing a trailer or another vehicle unless the used motor vehicle is equipped for this as recommended by the manufacturer;
          8. If the used motor vehicle is used to carry passengers for hire;
          9. If the used motor vehicle is rented to someone else;
          10. For repair of valves and/or rings to correct low compression and/or oil consumption which are considered normal wear;
          11. To the extent otherwise permitted by law, for property damage arising or allegedly arising out of the failure of a covered part; and
          12. To the extent otherwise permitted by law, for loss of the use of the used motor vehicle, loss of time, inconvenience, commercial loss, or consequential damages.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 1.

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        >>>>>>> origin/main 31-5.4-3. Failure to honor warranty.

        1. If the dealer or his or her agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantially impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept the return of the used motor vehicle from the consumer and refund to the consumer the full purchase price including sales or compensating use tax, less a reasonable allowance for any damage not attributable to normal wear or usage, and an adjustment for any modifications which either increase or decrease the market value of the vehicle. In determining the purchase price to be refunded, the purchase price shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle plus, if the dealer elects to not return any vehicles traded-in by the consumer, the wholesale value of those traded-in vehicles as listed in the National Auto Dealers’ Association Used Car Guide, or any other guide that may be specified in regulations promulgated by the administrator of the division of motor vehicles, as adjusted for mileage, improvements, and any major physical or mechanical defects in the traded-in vehicle at the time of trade-in. The contract of sale for the used motor vehicle shall include conspicuous language indicating that if the consumer should be entitled to a refund pursuant to this section, the value of any vehicle traded-in by the consumer, if the dealer elects to not return it to the consumer, for purposes of determining the amount of the refund will be determined by reference to the National Auto Dealers’ Association Used Car Guide wholesale value, or any other guide that may be approved by the administrator of the division of motor vehicles, as adjusted for mileage, improvements, and any major physical or mechanical defects, rather than the value listed in the sales contract. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear on the records of ownership kept by the division of motor vehicles. If the amount to be refunded to the lienholder will be insufficient to discharge the lien, the dealer shall notify the consumer in writing by registered or certified mail that the consumer has thirty (30) days to pay the lienholder the amount which, together with the amount to be refunded by the dealer, will be sufficient to discharge the lien. The notice to the consumer shall contain conspicuous language warning the consumer that failure to pay those funds to the lienholder within thirty (30) days will terminate the dealer’s obligation to provide a refund. If the consumer fails to make the payment within thirty (30) days, the dealer shall have no further responsibility to provide a refund under this section. Alternatively, the dealer may elect to offer to replace the used motor vehicle with a comparably priced vehicle, with any adjustment in price that the parties may agree to. The consumer shall not be obligated to accept a replacement vehicle, but may instead elect to receive the refund provided under this section. It shall be an affirmative defense to any claim under this section that:
          1. The malfunction or defect does not substantially impair the used motor vehicle’s value; or
          2. The malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle.
        2. It shall be presumed that a dealer has had a reasonable opportunity to correct a malfunction or defect in a used motor vehicle, if:
          1. The same malfunction or defect has been subject to repair three (3) or more times by the selling dealer or his or her agent within the warranty period, but the same malfunction or defect continues to exist; or
          2. The vehicle is out of service by reason of repair or malfunction or defect for a cumulative total of fifteen (15) or more days during the warranty period. That period shall not include days when the dealer is unable to complete the repair because of the unavailability of necessary repair parts. The dealer shall be required to exercise due diligence in attempting to obtain necessary repair parts. If, however, a vehicle has been out of service for a cumulative total of forty-five (45) days, even if a portion of that time is attributable to the unavailability of replacement parts, the consumer shall be entitled to the replacement or refund remedies provided in this section.
        3. The term of any warranty, service contract, or repair insurance shall be extended by any time period during which the used motor vehicle is in the possession of the dealer or his or her duly authorized agent for the purpose of repairing the used motor vehicle under the terms and obligations of the warranty, service contract, or repair insurance.
        4. The term of any warranty, service contract, or repair insurance, and the fifteen (15) days out-of-service period, shall be extended by any time during which repair services are not available to the consumer because of a war, invasion or strike, fire, flood, or other natural disaster.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 1.

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        >>>>>>> origin/main 31-5.4-4. Waiver notice.

        1. Whenever any agreement is entered into by a consumer with a dealer for the purchase of a used motor vehicle which waives or disclaims the rights set forth in this chapter, the dealer shall post a notice unobstructed and conspicuously on the windshield of the vehicle to be sold. The notice shall be at least eight and one-half inches (81/2") by eleven inches (11") in size, in bold print one inch in height, and shall state, “NO WARRANTY AS TO CONDITION — SOLD AS IS”.
        2. Whenever any dealer enters into an agreement with a consumer for a purchase of a motor vehicle, any waiver or disclaimer of the rights set forth in this chapter shall be printed on the bill of sale in a type size larger and of a different color than any other type on the bill of sale. The waiver shall be separately initialed by the purchaser and the dealer.
        3. Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
        4. Notwithstanding subsection (a) of this section, this chapter shall not apply to used motor vehicles sold for less than one thousand five hundred dollars ($1,500). Further, this chapter shall not apply to the sale of classic cars registered pursuant to this title.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 1.

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        >>>>>>> origin/main 31-5.4-5. Arbitration and enforcement.

        1. If a dealer has established or participates in an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703 the provisions of this chapter concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure.
        2. In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law.
        3. In an action brought to enforce the provisions of this chapter, the court may award reasonable attorneys’ fees to a prevailing plaintiff.
        4. Any action brought pursuant to this chapter shall be commenced within four (4) years of the date of original delivery of the used motor vehicle to the consumer.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 342, § 1.

        Collateral References.

        Awarding attorneys’ fees in connection with arbitration. 60 A.L.R.5th 669.

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        >>>>>>> origin/main 31-5.4-6. Disclosure of rights.

        1. The director of the department of revenue shall promulgate rules, regulations and forms to implement the notice provision in subsection (b) of this section. The forms promulgated by the director shall be used by every dealer in the sale of every automobile protected by this chapter.
        2. Clear and conspicuous notice of the warranties created by this chapter of the rights pertaining to them and of the implied warranty of merchantability shall be given to the consumer in writing at the time the consumer purchases a used motor vehicle from the dealer. Each notice required by this section shall describe the procedures available to redress violations of this section and shall contain the telephone number of the department of revenue.
        3. A seller’s failure to provide the buyer with the documents and forms promulgated by the director of the department of revenue pursuant to this section shall constitute prima facie evidence of bad faith and unfair and deceptive trade practice under § 6-13.1-1 . Violations of this section shall be actionable by the buyer under §§ 31-5.4-5 and 6-13.1-5.2 .
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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 421, § 1; P.L. 2008, ch. 98, § 8; P.L. 2008, ch. 145, § 8.

        Chapter 5.5 Global Warming Index Act

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        >>>>>>> origin/main 31-5.5-1. Title.

        This act shall be known as the “Global Warming Index Act.”

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        >>>>>>> origin/main History of Section. P.L. 2008, ch. 218, § 1.

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        >>>>>>> origin/main 31-5.5-2. Definitions.

        For the purposes of this chapter, the following definitions shall apply:

        1. “Motor Vehicle” shall mean a new passenger vehicle, new light-duty truck with a gross vehicle weight of eighty-five hundred pounds (8500 lbs) or less, or any other new vehicle determined by the commissioner to be a vehicle whose primary use is noncommercial personal transportation and which is manufactured for the model year 2010 or subsequent model year; and
        2. “Motor Vehicle global warming gases” or “global warming gases” shall mean carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
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        >>>>>>> origin/main History of Section. P.L. 2008, ch. 218, § 1.

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        >>>>>>> origin/main 31-5.5-3. Global warming index stickers.

        1. No model year 2010 or subsequent model year motor vehicle shall be sold or leased in this state unless there is securely and conspicuously affixed in a clearly visible location, a label on which the manufacturer shall endorse clearly, distinctly, and legibly true and correct entries disclosing information concerning the emissions of global warming gases.
        2. The label required by subsection (a) of this section shall include:
          1. A global warming index that contains quantitative information presented in a continuous, easy-to-read scale that compares the emissions of global warming gases from the vehicle with the average projected emissions of global warming gases from all vehicles of the same model year. For reference purposes, the index shall also identify the emissions of global warming gases from the vehicle model of that same model year that has the lowest emissions of global warming gases; and
          2. The use of at least one color ink in addition to black.
        3. A label that complies with the requirements of the California vehicle labeling program shall be deemed to meet the requirements of this title.
        4. Nothing in this section shall be construed as prohibiting a purchaser from removing the label required by this section, after such purchaser has taken possession of the vehicle.
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        >>>>>>> origin/main History of Section. P.L. 2008, ch. 218, § 1.

        Chapter 6 Registration Fees

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        >>>>>>> origin/main 31-6-1. Amount of registration and miscellaneous fees.

        The following registration fees shall be paid to the division of motor vehicles for the registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for each year of registration:

        1. For the registration of every automobile, when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).
        2. For the registration of every motor truck or tractor when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars ($34.00).
        3. For the registration of every automobile, motor truck or tractor, when equipped with pneumatic tires, the gross weight of which is:
          1. More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds (5,000 lbs.): forty dollars ($40.00);
          2. More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds (6,000 lbs.): forty-eight dollars ($48.00);
          3. More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds (7,000 lbs.): fifty-six dollars ($56.00);
          4. More than seven thousand pounds (7,000 lbs.), but not more than eight thousand pounds (8,000 lbs.): sixty-four dollars ($64.00);
          5. More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds (9,000 lbs.): seventy dollars ($70.00);
          6. More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds (10,000 lbs.): seventy-eight dollars ($78.00);
          7. More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand pounds (12,000 lbs.): one hundred six dollars ($106);
          8. More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
          9. More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand pounds (16,000 lbs.): one hundred forty dollars ($140);
          10. More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
          11. More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand pounds (20,000 lbs.): one hundred seventy-six dollars ($176);
          12. More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
          13. More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four thousand pounds (24,000 lbs.): two hundred ten dollars ($210);
          14. More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);
          15. More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);
          16. More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);
          17. More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);
          18. More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
          19. More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);
          20. More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight thousand pounds (38,000 lbs.): five hundred and two dollars ($502);
          21. More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);
          22. More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);
          23. More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);
          24. More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand pounds (50,000 lbs.): six hundred and sixty dollars ($660);
          25. More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
          26. More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);
          27. More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);
          28. More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);
          29. More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
          30. More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);
          31. Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross weight.
        4. For the registration of every semi-trailer to be used with a truck-tractor, as defined in § 31-1-4(f) , shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration; for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of the original semi-trailer unit from which the gross weight of the tractor was determined. A registration certificate and registration plate shall be issued for each semi-trailer so registered. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety (90) days before the effective date of that year’s registration, the pro rate amount, based on the unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject to the provisions and fee set forth in § 31-6-11 . Thirty percent (30%) of the semi-trailer registration fee shall be retained by the division of motor vehicles to defray the costs of implementation of the international registration plan (IRP) and fleet registration section.
        5. For the registration of every automobile, motor truck, or tractor, when equipped with other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one hundred pounds (100 lbs.) of gross weight.
        6. For the registration of every public bus, the rates provided for motor vehicles for hire plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by the administrator of the division of motor vehicles.
        7. For the registration of every motorcycle, or motor-driven cycle, thirteen dollars ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education to assist in the payment of the cost of the motorcycle driver’s education program as enumerated in § 31-10.1-1.1 .
        8. For the registration of every trailer, not including semi-trailers used with a truck-tractor as defined in § 31-1-4(d) , with a gross weight of three thousand pounds (3,000 lbs.) or less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).
        9. The annual registration fee for a motor vehicle, commonly described as a boxcar and/or locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration, parades, convention purposes, or social welfare work, shall be two dollars ($2.00).
        10. For the registration of every motor vehicle, trailer, or semi-trailer owned by any department or agency of any city or town or district, provided the name of the city or town or district or state department or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars ($2.00).
        11. For the registration of motor vehicles used for racing, fifteen dollars ($15.00).
        12. For every duplicate registration certificate, seventeen dollars ($17.00).
        13. For every certified copy of a registration certificate or application, ten dollars ($10.00).
        14. For every certificate assigning a special identification number or mark as provided in § 31-3-37 , one dollar ($1.00).
        15. For every replacement of number plates or additional pair of number plates, without changing the number, thirty dollars ($30.00).
        16. For the registration of every farm vehicle, used in farming as provided in § 31-3-31 : ten dollars ($10.00).
        17. For the registration of antique motor vehicles, five dollars ($5.00).
        18. For the registration of a suburban vehicle, when used as a pleasure vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged in subsection (1) of this section shall be applicable and when used as a commercial vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as provided in subsection (2) of this section shall be applicable. The rates in subsection (3) of this section shall be applicable when the suburban vehicle has a gross weight of more than four thousand pounds (4,000 lbs.), regardless of the use of the vehicle.
        19. For the registration of every motor bus that is used exclusively under contract with a political subdivision or school district of the state for the transportation of school children, twenty-five dollars ($25); provided that the motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational or recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes, without the payment of additional registration fee.
        20. For the registration of every motorized bicycle, ten dollars ($10.00).
        21. For the registration of every motorized tricycle, ten dollars ($10.00).
        22. For the replacement of number plates with a number change, twenty dollars ($20.00).
        23. For the initial issuance and each reissuance of fully reflective plates, as required by §§ 31-3-10 , 31-3-32 , and 31-3-33 , an additional eight dollars ($8.00).
        24. For the issuance of a trip permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour (72) trip permits for vehicles required to be registered in the International Registration Plan that have not been apportioned with the state of Rhode Island.
        25. For the issuance of a hunter’s permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter’s permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered in the International Registration Plan. These permits are valid for thirty (30) days.
        26. For the registration of a specially adapted motor vehicle necessary to transport a family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.
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        History of Section. P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1951, ch. 2826, § 11; P.L. 1952, ch. 2937, § 7; P.L. 1953 (1st s. s.), ch. 3236, § 2; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-1 ; P.L. 1958, ch. 75, § 1; P.L. 1960, ch. 62, § 1; P.L. 1960, ch. 75, § 6; P.L. 1963, ch. 96, § 1; P.L. 1964, ch. 214, § 3; P.L. 1969, ch. 174, § 1; P.L. 1975, ch. 134, § 1; P.L. 1975, ch. 213, § 1; P.L. 1976, ch. 64, § 4; P.L. 1978, ch. 377, § 3; P.L. 1981, ch. 327, § 1; P.L. 1982, ch. 86, § 1; P.L. 1984, ch. 367, § 2; P.L. 1986, ch. 167, § 1; P.L. 1988, ch. 408, § 1; P.L. 1990, ch. 13, § 2; P.L. 1993, ch. 138, art. 29, § 1; P.L. 1995, ch. 135, § 2; P.L. 1995, ch. 373, § 1; P.L. 1996, ch. 100, art. 19, § 1; P.L. 1997, ch. 30, art. 16, § 1; P.L. 1998, ch. 31, art. 22, § 1; P.L. 1998, ch. 77, § 1; P.L. 1998, ch. 137, § 1; P.L. 1998, ch. 394, § 1; P.L. 2005, ch. 117, art. 24, § 1; P.L. 2007, ch. 73, art. 7, § 10; P.L. 2010, ch. 23, art. 9, § 5; P.L. 2016, ch. 142, art. 9, § 4; P.L. 2017, ch. 302, art. 4, § 3; P.L. 2019, ch. 88, art. 7, § 3.

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        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1951, ch. 2826, § 11; P.L. 1952, ch. 2937, § 7; P.L. 1953 (1st s. s.), ch. 3236, § 2; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-1 ; P.L. 1958, ch. 75, § 1; P.L. 1960, ch. 62, § 1; P.L. 1960, ch. 75, § 6; P.L. 1963, ch. 96, § 1; P.L. 1964, ch. 214, § 3; P.L. 1969, ch. 174, § 1; P.L. 1975, ch. 134, § 1; P.L. 1975, ch. 213, § 1; P.L. 1976, ch. 64, § 4; P.L. 1978, ch. 377, § 3; P.L. 1981, ch. 327, § 1; P.L. 1982, ch. 86, § 1; P.L. 1984, ch. 367, § 2; P.L. 1986, ch. 167, § 1; P.L. 1988, ch. 408, § 1; P.L. 1990, ch. 13, § 2; P.L. 1993, ch. 138, art. 29, § 1; P.L. 1995, ch. 135, § 2; P.L. 1995, ch. 373, § 1; P.L. 1996, ch. 100, art. 19, § 1; P.L. 1997, ch. 30, art. 16, § 1; P.L. 1998, ch. 31, art. 22, § 1; P.L. 1998, ch. 77, § 1; P.L. 1998, ch. 137, § 1; P.L. 1998, ch. 394, § 1; P.L. 2005, ch. 117, art. 24, § 1; P.L. 2007, ch. 73, art. 7, § 10; P.L. 2010, ch. 23, art. 9, § 5; P.L. 2016, ch. 142, art. 9, § 4; P.L. 2017, ch. 302, art. 4, § 3; P.L. 2019, ch. 88, art. 7, § 3.

        >>>>>>> origin/main

        Effective Dates.

        P.L. 2016, ch. 142, art. 9, § 6, provides that the amendment to this section by that act takes effect on July 1, 2017.

        Cross References.

        Definition of terms, § 31-1-2 et seq.

        Public passenger buses exempt from registration fee in excess of $25, § 39-13-17 .

        Comparative Legislation.

        Registration fees:

        Conn. Gen. Stat. § 14-47 et seq.

        Mass. Ann. Laws ch. 90, § 33.

        NOTES TO DECISIONS

        Motor Vehicles for Hire.

        Where vehicles were under a rental contract or lease, delivered into the possession and control of the rentee or lessee for the transportation of persons for a consideration, they were motor vehicles for hire subject to a double registration fee. Broadway Auto Sales v. Asselin, 93 R.I. 403 , 176 A.2d 714, 1961 R.I. LEXIS 128 (1961).

        — Exception for New Shoreham.

        The exception in former subsection (a)(5) (now deleted), with respect to the citizens of the town of New Shoreham was not such an improper classification as to violate the equal protection clause of the United States Constitution. Imperial Car Rental Corp. v. Lussier, 97 R.I. 168 , 196 A.2d 728, 1964 R.I. LEXIS 60 (1964).

        Collateral References.

        Classification or discrimination, validity of automobile registration or license fee as affected by. 126 A.L.R. 1419.

        Double taxation in imposing license fee on operation in street of vehicles owned by one who is subject to an occupation tax on business or occupation involving using or leasing of vehicles. 147 A.L.R. 309.

        License tax or fee on automobile as affected by interstate commerce clause. 52 A.L.R. 533; 115 A.L.R. 1105.

        Tolls, automobile registration or license fees as. 24 A.L.R. 937; 68 A.L.R. 200.

        Trailers or automobiles used for habitation, constitutionality, construction, and application of statute or ordinance imposing license fee or tax on. 150 A.L.R. 853.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6-1.1. Repealed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2016, ch. 142, art. 9, § 5; Repealed by P.L. 2017, ch. 302, art. 4, § 4, effective August 3, 2017.

        Compiler’s Notes.

        Former § 31-6-1.1 concerned truck registration fees.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6-2. Computation of gross weight.

        For the purpose of computing fees based on gross weight, the gross weight shall, in the case of motor trucks, tractors, trailers, or semi-trailers, be the weight of the vehicle in pounds plus the weight of the maximum load to be carried. In the case of passenger motor vehicles, the gross weight shall be the weight of the vehicle plus the sum of the adult seating capacity multiplied by one hundred fifty pounds (150 lbs.).

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-2 ; P.L. 1984, ch. 418, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-2 ; P.L. 1984, ch. 418, § 1.

        >>>>>>> origin/main 31-6-3. Gross weight of tractors to be used with semi-trailers.

        In computing the fees for the registration of every tractor to be used in combination with a semi-trailer, the gross weight shall include the weight of the tractor, the weight of the semi-trailer to be used with it, and the weight of the maximum load to be carried.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-3 ; P.L. 1969, ch. 173, § 2; P.L. 1984, ch. 418, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-3 ; P.L. 1969, ch. 173, § 2; P.L. 1984, ch. 418, § 1.

        >>>>>>> origin/main 31-6-4. Fees payable by jitney operators in interstate commerce.

        Notwithstanding any provision to the contrary contained in this chapter or in any other provision of the laws of this state, the administrator of the division of motor vehicles may issue certificates of registration and plates for all the jitneys owned or operated by any carrier of passengers for hire operating jitneys in interstate commerce in the state of Rhode Island and from every state contiguous to it, pursuant to the authority granted by the Interstate Commerce Commission, at a rate equal to the sum represented by the registration fee for a single jitney provided in § 31-6-1 , multiplied by the average number of jitneys, as determined by the administrator of the division of motor vehicles, required by the applicant to operate the maximum number of schedules provided in the published schedules of the applicant.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-4 .

        >>>>>>> origin/main 31-6-5. Reduced fees for portion of year.

        1. If an application for registration of any motor vehicle, trailer, or semi-trailer shall be made in the first quarter of the year appropriate to the individual’s registration expiration, or in the second quarter or the third quarter in any year, the fee for registration shall be three-fourths (3/4), two-fourths (2/4), or one-fourth (1/4) respectively of the fee required for a full year.
        2. The provisions of this section shall not apply in the case of the registration of motor vehicles used for racing, or for motor vehicles, trailers, or semi-trailers owned by any department or agency of the state of Rhode Island, or by any city, town, or district of this state.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 2; P.L. 1951, ch. 2826, § 12; G.L. 1956, § 31-6-5 ; P.L. 1981, ch. 327, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 2; P.L. 1951, ch. 2826, § 12; G.L. 1956, § 31-6-5 ; P.L. 1981, ch. 327, § 1.

        >>>>>>> origin/main 31-6-6. Vehicles exempt from fees.

        1. No registration fee is required for the registration of motor-driven equipment owned by the following:
          1. American Legion bloodmobile;
          2. American National Red Cross or any of its chapters within this state;
          3. American Red Cross, Jamestown chapter ambulance;
          4. American Red Cross, Tiverton chapter ambulance;
          5. American Red Cross, Warwick chapter ambulances;
          6. Animal Rescue League of Southern Rhode Island truck used for rescue work;
          7. Burrillville Ambulance Corps ambulance;
          8. Burrillville American Legion Post No. 17 ambulances;
          9. Civil Air Patrol, Rhode Island wing motor vehicle equipment;
          10. East Greenwich Ambulance Association ambulances;
          11. East Greenwich American Legion Post No. 15 (incorporated February 20, 1933) ambulances;
          12. East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck equipped with resuscitators, underwater equipment, emergency lighting units with generators, and various other devices needed to effect rescue and save lives and property under any emergency and used for this purpose only;
          13. Foster Ambulance Association ambulances;
          14. Georgiaville Volunteer Fire Company, Smithfield town ambulance;
          15. Glocester Ambulance Corps, Inc. ambulance;
          16. Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business corporation, incorporated November 15, 1940) equipment;
          17. Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks;
          18. Hope Valley volunteer fire company ambulances;
          19. Hope Valley volunteer fire company crash-truck;
          20. Hospital ambulances;
          21. Johnston Hose Company No. 1 ambulance;
          22. Johnston Hose Company No. 3 ambulance;
          23. Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode Island;
          24. Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,” providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923, as a charitable corporation) ambulance;
          25. Narragansett Rescue Corps, Inc., ambulance;
          26. North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a charitable corporation) ambulance;
          27. North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated March 15, 1947, as a charitable corporation) ambulance;
          28. North Smithfield Ambulance Association ambulances;
          29. North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat trailer;
          30. Northern Lincoln Volunteer Ambulance Corps ambulance;
          31. Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue truck and other emergency vehicles;
          32. Public health league or district nursing association in any city or town in this state;
          33. Rhode Island American Legion, (incorporated January 29, 1941) first district ambulance committee of the department ambulances;
          34. Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor vehicles used for the transportation of retarded citizens;
          35. Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles used for the transportation of retarded children;
          36. Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor vehicles to be used for the transportation of retarded children;
          37. Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles;
          38. Rhode Island Lions Sight Foundation, Inc., vehicle;
          39. Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers;
          40. Roy Carpenter’s beach volunteer fire department, Matunuck ambulance;
          41. Salvation Army of Providence emergency canteen vehicle;
          42. Scituate Ambulance and Rescue Corps ambulances;
          43. South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable corporation) ambulance;
          44. South Foster Volunteer Fire Department No. 1 ambulances;
          45. United States government motor vehicles;
          46. United States government-accredited motor vehicles owned by a representative of a foreign country;
          47. United States mail rural free delivery driver-owned vehicles. This exemption applies to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting to carry the United States mail. The words “United States mail” must be plainly printed on two (2) sides of that vehicle;
          48. Veterans of Foreign Wars bloodmobile;
          49. Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance;
          50. Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town used in transporting sick or injured patients;
          51. Westerly Ambulance Corps boat-trailer;
          52. Westerly Ambulance Corps crash-truck; and
          53. Westerly Ambulance Corps ambulances.
        2. Each owner may be required to pay the cost price of the number plates or markers required to be displayed on its vehicle.
        <<<<<<< HEAD

        History of Section. P.L. 1940, ch. 862, § 1; P.L. 1950, ch. 2447, § 1; P.L. 1950, ch. 2595, art. 14, § 3; P.L. 1951, ch. 2668, § 1; P.L. 1951, ch. 2681, § 1; P.L. 1952, ch. 2883, § 1; P.L. 1952, ch. 2933, § 1; P.L. 1954, ch. 3243, § 1; P.L. 1954, ch. 3326, § 1; P.L. 1955, ch. 3455, § 1; P.L. 1956, ch. 3625, § 1; P.L. 1956, ch. 3646, § 1; G.L. 1956, § 31-6-6 ; R.P.L. 1957, ch. 9, § 1; R.P.L. 1957, ch. 11, § 1; R.P.L. 1957, ch. 13, § 1; R.P.L. 1957, ch. 24, § 1; R.P.L. 1957, ch. 25, § 1; P.L. 1958, ch. 13, § 1; P.L. 1958, ch. 43, § 1; P.L. 1958, ch. 94, § 1; P.L. 1959, ch. 3, § 1; P.L. 1959, ch. 11, § 1; P.L. 1959, ch. 43, § 1; P.L. 1961, ch. 126, § 1; P.L. 1962, ch. 15, § 1; P.L. 1962, ch. 31, § 1; P.L. 1963, ch. 5, § 1; P.L. 1963, ch. 26, § 1; P.L. 1963, ch. 143, § 1; P.L. 1964, ch. 181, § 1; P.L. 1965, ch. 15, § 1; P.L. 1965, ch. 18, § 1; P.L. 1966, ch. 153, § 1; P.L. 1966, ch. 231, § 1; P.L. 1967, ch. 82, § 1; P.L. 1971, ch. 32, § 1; P.L. 1971, ch. 52, § 1; P.L. 1976, ch. 218, § 2; P.L. 1981, ch. 327, § 1; P.L. 1985, ch. 253, § 1; P.L. 1986, ch. 478, § 1; P.L. 2016, ch. 308, § 1; P.L. 2016, ch. 323, § 1.

        =======

        History of Section.

        P.L. 1940, ch. 862, § 1; P.L. 1950, ch. 2447, § 1; P.L. 1950, ch. 2595, art. 14, § 3; P.L. 1951, ch. 2668, § 1; P.L. 1951, ch. 2681, § 1; P.L. 1952, ch. 2883, § 1; P.L. 1952, ch. 2933, § 1; P.L. 1954, ch. 3243, § 1; P.L. 1954, ch. 3326, § 1; P.L. 1955, ch. 3455, § 1; P.L. 1956, ch. 3625, § 1; P.L. 1956, ch. 3646, § 1; G.L. 1956, § 31-6-6 ; R.P.L. 1957, ch. 9, § 1; R.P.L. 1957, ch. 11, § 1; R.P.L. 1957, ch. 13, § 1; R.P.L. 1957, ch. 24, § 1; R.P.L. 1957, ch. 25, § 1; P.L. 1958, ch. 13, § 1; P.L. 1958, ch. 43, § 1; P.L. 1958, ch. 94, § 1; P.L. 1959, ch. 3, § 1; P.L. 1959, ch. 11, § 1; P.L. 1959, ch. 43, § 1; P.L. 1961, ch. 126, § 1; P.L. 1962, ch. 15, § 1; P.L. 1962, ch. 31, § 1; P.L. 1963, ch. 5, § 1; P.L. 1963, ch. 26, § 1; P.L. 1963, ch. 143, § 1; P.L. 1964, ch. 181, § 1; P.L. 1965, ch. 15, § 1; P.L. 1965, ch. 18, § 1; P.L. 1966, ch. 153, § 1; P.L. 1966, ch. 231, § 1; P.L. 1967, ch. 82, § 1; P.L. 1971, ch. 32, § 1; P.L. 1971, ch. 52, § 1; P.L. 1976, ch. 218, § 2; P.L. 1981, ch. 327, § 1; P.L. 1985, ch. 253, § 1; P.L. 1986, ch. 478, § 1; P.L. 2016, ch. 308, § 1; P.L. 2016, ch. 323, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2016, ch. 308, § 1, and P.L. 2016, ch. 323, § 1 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6-7. Motorized wheel chairs.

        Any nonprofit charitable organization shall be forever exempt from the payment of any fee for the annual registration of a certain type of motor vehicle commonly known and described as a motorized wheel chair. Any person designated, in writing, by a nonprofit charitable organization who shall operate a motorized wheel chair shall be exempt from any license requirements and fee for the operation of it.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 4; G.L. 1956, § 31-6-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 4; G.L. 1956, § 31-6-7 .

        >>>>>>> origin/main 31-6-8. Disabled veterans.

        1. Any veteran who has been honorably discharged from the service of the armed forces or the merchant marine of the United States in any of the wars or campaigns in which the United States has been engaged and who, while engaged in these wars or campaigns or as a result of engagement in these wars or campaigns, by reason of amputation, has lost one or both of his or her arms, hands, feet, or legs, or who, by reason of other permanent injury, has lost the use of one or both of his or her arms, hands, feet, or legs, or to whom has been granted a motor vehicle under chapter 870-2D, United States Public Laws 663, enacted 1946, 79th Congress, or has suitable documentation from the U.S. Department of Veterans Affairs to establish that the veteran:
          1. Has a combined service connected disability rating of one hundred percent (100%); or
          2. Is considered “individually unemployable” due to his or her service-connected disability, shall be exempt from the payment of any fee for the annual registration of and a license to operate that motor vehicle.
        2. The administrator for the division of motor vehicles shall issue to an eligible veteran for use on an automobile, or on a commercial vehicle having a gross weight of six thousand three hundred pounds (6,300 lbs.) or less, registration plates designated “Disabled Veteran.” Upon the death of the holder of “Disabled Veteran” plates, the plates may be transferred to his or her surviving spouse for his or her lifetime or until he or she remarries. Only one set of “Disabled Veteran” plates shall be issued to an eligible veteran and only after certification of eligibility from the Veterans’ Administration or other satisfactory documentation of eligibility is presented.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-8 ; P.L. 1993, ch. 134, § 1; P.L. 2004, ch. 537, § 1; P.L. 2018, ch. 119, § 1; P.L. 2018, ch. 224, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-8 ; P.L. 1993, ch. 134, § 1; P.L. 2004, ch. 537, § 1; P.L. 2018, ch. 119, § 1; P.L. 2018, ch. 224, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 119, § 1, and P.L. 2018, ch. 224, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 119, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        P.L. 2018, ch. 224, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6-9. Blind veterans.

        Any veteran who has been honorably discharged from service with the armed forces or the merchant marine of the United States in any of the wars, declared or undeclared, in which the United States has been engaged and who, by reason of that service, has become totally blind, shall be further exempt from the payment of any fee for the annual registration of a pleasure motor vehicle owned by the veteran and operated for his or her pleasure and convenience. The veteran shall be entitled to display on that vehicle the special registration plates as shall be issued by the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1947, ch. 1844, § 1; P.L. 1952, ch. 2879, § 1; G.L. 1956, § 31-6-9 .

        =======

        History of Section.

        P.L. 1947, ch. 1844, § 1; P.L. 1952, ch. 2879, § 1; G.L. 1956, § 31-6-9 .

        >>>>>>> origin/main 31-6-10. Police vehicles — Fire apparatus — Trackless trolleys.

        The following vehicles shall be exempt from registration:

        1. Motor-propelled fire engines and other fire apparatus. However, the division of motor vehicles shall issue a permanent registration plate and certificate for each motor-propelled fire engine or fire apparatus for its life at no fee;
        2. Every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
        3. Motor-propelled vehicles employed for law enforcement purposes by the several city and town police departments whether or not equipped with distinctive registration plates. A permanent registration plate and certificate shall, however, be issued for each motor-propelled police vehicle, for its life, at no fee. However, any existing police vehicle plate currently on a propelled police vehicle will pay a five dollar ($5.00) transfer fee if that plate is transferred to another police vehicle within the same police department.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-10 ; P.L. 1996, ch. 360, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-10 ; P.L. 1996, ch. 360, § 1.

        >>>>>>> origin/main 31-6-11. Transfer of registration.

        The fee for transfer of registration shall be fifteen dollars ($15.00) if the vehicle to be registered is of the same fee-class as the original vehicle or less, but if the proper registration fee for the vehicle to be registered is greater than the amount of the fee paid for the original registration, the fee shall be fifteen dollars ($15.00) plus the difference in registration fees of the original vehicle and the vehicle to be registered.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 6; G.L. 1956, § 31-6-11 ; P.L. 1960, ch. 75, § 6; P.L. 1981, ch. 327, § 1; P.L. 1993, ch. 138, art. 29, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 6; G.L. 1956, § 31-6-11 ; P.L. 1960, ch. 75, § 6; P.L. 1981, ch. 327, § 1; P.L. 1993, ch. 138, art. 29, § 1.

        >>>>>>> origin/main 31-6-12. Business and special license fees.

        The following fees shall be collected by the division of motor vehicles:

        1. For each license to deal in motor vehicles and for each branch office of a dealer, sixty dollars ($60.00).
        2. For dealer registration number plates and a dealer certificate, thirty dollars ($30.00) if the dealer operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers, or semi-trailers.
        3. For bailee registration number plates and a bailee certificate, thirty dollars ($30.00) if the bailee operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers, or semi-trailers.
        4. For each manufacturer, factory branch, or factory representative license, five dollars ($5.00).
        5. For each wrecker’s license, sixty dollars ($60.00).
        6. For in-transit number plates and certificates, thirty dollars ($30.00) if the owner operates or moves not more than three (3) pieces of mobile equipment at any one time, and ten dollars ($10.00) plus the cost of number plates for every piece of mobile equipment in excess of three (3) pieces of mobile equipment.
        7. For special use identification tags and special use certificates, ten dollars ($10.00).
        8. For transporter registration number plates and a transporter certificate, thirty dollars ($30.00) if the transporter operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers or semi-trailers.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 5; G.L. 1956, § 31-6-12 ; P.L. 1959, ch. 123, § 3; P.L. 1960, ch. 33, § 2; P.L. 1960, ch. 75, § 6; P.L. 1966, ch. 187, § 6.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 5; G.L. 1956, § 31-6-12 ; P.L. 1959, ch. 123, § 3; P.L. 1960, ch. 33, § 2; P.L. 1960, ch. 75, § 6; P.L. 1966, ch. 187, § 6.

        >>>>>>> origin/main 31-6-13. Disposition of fees.

        All fees collected under chapters 1 — 27 of this title shall be paid into the hands of the general treasurer to be credited to the general funds of the state.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 8; G.L. 1956, § 31-6-13 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 8; G.L. 1956, § 31-6-13 .

        >>>>>>> origin/main

        Cross References.

        Collection and accounting by tax administrator, § 44-1-2 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6-14. Return of rejected or erroneously collected fees.

        1. Whenever any application to the division of motor vehicles is accompanied by any fee as required by law, and the application is refused or rejected, the fee shall be returned to the applicant.
        2. Whenever the division of motor vehicles, through error collects any fee not required to be paid the fee shall be refunded to the person paying it upon application made within one year after the date of the payment. The one year period for refund may be extended at the discretion of the administrator of the division of motor vehicles.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 14, § 7; G.L. 1956, § 31-6-14 ; P.L. 1989, ch. 49, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 14, § 7; G.L. 1956, § 31-6-14 ; P.L. 1989, ch. 49, § 1.

        >>>>>>> origin/main 31-6-15. Payment of fees by credit card. [Contingent effective date; see note.]

        1. The division of motor vehicles may accept payment by credit card of all fees paid to the division of motor vehicles as provided by this chapter.
        2. The division of motor vehicles shall determine which fees may be paid by credit card and the manner in which the payments may be made.
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        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 364, § 1.

        Contingent Effective Dates.

        P.L. 2003, ch. 376, art. 45, § 2, provides that this section is repealed upon approval of the division of motor vehicles pursuant to § 35-21-1 .

        Chapter 6.1 Bus Taxation Proration and Reciprocity Agreement

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6.1-1. Agreement enacted.

        The Bus Taxation Proration Agreement is enacted into law and entered into with all jurisdictions legally joining in the form substantially as follows:

        <<<<<<< HEAD

        Article I. Purposes and Principles

        =======

        Article I. Purposes and Principles

        >>>>>>> origin/main
        1. Purposes of agreement.  It is the purpose of this agreement to set up a system by which any contracting state may permit owners of fleets of buses operating in two or more states to prorate the registration of the buses in such fleets in each state in which the fleets operate on the basis of the proportion of miles operated within such state to total fleet miles, as defined in this agreement.
        2. Principle of proration of registration.  It is declared that in making this agreement the contracting states adhere to the principle that each state should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself; that the method of taxation of interstate buses should not be a determining factor in developing its user tax structure; and that annual taxes or other taxes of the fixed fee type upon buses, which are not imposed on a basis that reflects the amount of highway use, should be apportioned among the states, within the limits of practicality, on the basis of vehicle miles traveled within each of the states.
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        Article II. Definitions

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        Article II. Definitions

        >>>>>>> origin/main
        1. “State”. State shall include the states of the United States, the District of Columbia, the territories of the United States, the provinces of Canada, and the states, territories and federal district of Mexico.
        2. “Contracting state”. Contracting state shall mean a state which is a party to this agreement.
        3. “Administrator”. Administrator shall mean the official or agency of a state administering the fee involved, or, in the case of proration of registration, the official or agency of a state administering the proration of registration in that state.
        4. “Person”. Person shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
        5. “Base state”. Base state shall mean the state from or in which the bus is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet bus the state to which it is allocated for registration under statutory requirements. In order that this section may not be used for the purpose of evasion of registration fees, the administrators of the contracting states may make the final decision as to the proper base state, in accordance with article III(h) of this agreement, to prevent or avoid any evasion.
        6. “Bus”. Bus shall mean any motor vehicle of a bus type engaged in the interstate transportation of passengers and subject to the jurisdiction of the interstate commerce commission, or any agency successor to it, or one or more state regulatory agencies concerned with the regulation of passenger transport.
        7. “Fleet”. As to each contracting state, fleet shall include only those buses which actually travel a portion of their total miles in such state. A fleet must include three (3) or more buses.
        8. “Registration”. Registration shall mean the registration of a bus and the payment of annual fees and taxes as set forth in or pursuant to the laws of the respective contracting states.
        9. “Proration of registration”. Proration of registration shall mean registration of fleets of buses in accordance with article IV of this agreement.
        10. “Reciprocity”. Reciprocity shall mean that each contracting state, to the extent provided in this agreement, exempts a bus from registration and registration fees.
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        Article III. General Provisions

        =======

        Article III. General Provisions

        >>>>>>> origin/main
        1. Effect on other agreements, arrangements, and understandings.  On and after its effective date, this agreement shall supersede any reciprocal or other agreement, or understanding between any two or more of the contracting states covering, in whole or in part, any of the matters covered by this agreement. But this agreement shall not affect any reciprocal or other agreement, arrangement, or understanding between a contracting state and a state or states not a party to this agreement.
        2. Applicability to exempt vehicles.  This agreement shall not require registration in a contracting state of any vehicles which are in whole or part exempt from registration under the laws or regulations of such state without respect to this agreement.
        3. Inapplicability to caravanned vehicle.  The benefits and privileges of this agreement shall not be extended to a vehicle operated on its own wheels, or in tow of a motor vehicle, transported for the purpose of selling or offering the same for sale to or by any agent, dealer, purchaser, or prospective purchaser.
        4. Other fees and taxes.  This agreement does not waive any fees or taxes charged or levied by any state in connection with the ownership or operation of vehicles other than registration fees as defined in this agreement. All other fees and taxes shall be paid to each state in accordance with laws of that state.
        5. Statutory vehicle regulations.  This agreement shall not authorize the operation of a vehicle in any contracting state contrary to the laws or regulations except those pertaining to registration and payment of fees; and with respect to such laws or regulations, only to the extent provided in this agreement.
        6. Violations.  Each contracting state reserves the right to withdraw, by order of its administrator, all or any part of the benefits or privileges granted pursuant to this agreement from the owner of any vehicle or fleet of vehicles operated in violation of any provision of this agreement. The administrator shall immediately give notice of any violation and withdrawal of any benefits or privileges to the administrator of each other contracting state in which vehicles of an owner are operated.
        7. Cooperation.  The administrator of each of the contracting states shall cooperate with the administrators of the others and each contracting state agrees to furnish such aid and assistance to each other within its statutory authority as will aid in the proper enforcement of this agreement.
        8. Interpretation.  In any dispute between or among contracting states arising under this agreement, the final decision regarding interpretation of questions at issue relating to this agreement shall be reached by joint action of the contracting states, acting through its administrators, and shall upon determination be placed in writing.
        9. Effect of headings.  Article and section headings contained in this agreement shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any article or part of it.
        10. Entry into force.  This agreement shall enter into force and become binding between and among the contracting states when enacted or otherwise entered into by any two (2) states. Subsequently, it shall enter into force and become binding with respect to any state when enacted into law by that state. If the statutes of any state so authorize or provide, a state may become party to this agreement upon the execution of it by an executive or administrative official of the state acting on behalf of and for the state.
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        Article IV. Proration of Registration

        =======

        Article IV. Proration of Registration

        >>>>>>> origin/main
        1. Applicability.  Any owner of a fleet may register the buses of that fleet in any contracting state by paying to that other state the total registration fees in an amount equal to that obtained by applying the proportion of in-state fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each and all of those vehicles in the other contracting state.
          1. All fleet pro-rata registration fees shall be based upon the mileage proportions of the fleet during the period of twelve (12) months ending on August 31 next preceding the commencement of the registration year for which registration is sought. The mileage proportions for a fleet not operated during that period in the state where application for registration is made will be determined by the administrator upon the sworn application of the applicant showing the operations during that period in other states, and the estimated operations during the registration year for which registration is sought in the state in which application is being made. If no operations were conducted during such period a full statement of the proposed method of operation shall be used.
          2. If any buses operate in two (2) or more states which permit the proration of registration on the basis of a fleet of buses consisting of a lesser number of vehicles than provided in article II(g), that fleet may be prorated as to registration in those states, in which event the buses in that fleet shall not be required to register in any other contracting states if each vehicle is registered in some contracting state except to the extent it is exempt from registration as provided in article III(b).
          3. If the administrator of any state determines, based on his or her method of the operation, that the inclusion of a bus or buses as a part of a fleet would adversely affect the proper fleet fee which should be paid to his or her state, having due regard for fairness and equity, the administrator may refuse to permit any or all of those buses to be included in his or her state as a part of such fleet.
        2. Total fleet miles.  Total fleet miles, with respect to each contracting state, shall mean the total miles operated by the fleet (1) in such state, (2) in all other contracting states, (3) in other states having proportional registration provisions, (4) in states with which that contracting state has reciprocity, and (5) in those other states that the administrator determines should be included under the circumstances in order to protect or promote the interest of his or her state; except that in states having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on this basis.
        3. Leased vehicles.  If a bus is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of that fleet shall be deemed to be the owner of that bus for the purposes of this article.
        4. Extent of privileges.  Upon the registration of a fleet in a contracting state pursuant to this article, each bus in the fleet may be operated in both interstate and intrastate operations in that state except as provided in article III(e).
        5. Application for proration.  The application for proration of registration shall be made in each contracting state upon substantially the application forms and supplements authorized by joint action of the administrators of the contracting states.
        6. Issuance of identification.  Upon registration of a fleet, the state which is the base state of a particular bus of the fleet shall issue the required license plates and registration card for the bus and each contracting state in which the fleet (of which the bus is a part) operates shall issue a special identification identifying the bus as a part of a fleet which has fully complied with the registration requirements of that state. The required license plates, registration cards and identification shall be appropriately displayed in the manner required by or pursuant to the laws of each respective state.
        7. Additions to fleet.  If any bus is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application. The owner shall register the bus in each contracting state in like manner as provided for buses listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for buses registered under the original application.
        8. Withdrawals from fleet.  If any bus is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each state in which it is registered or identified of that withdrawal and shall return the plates, and registration card or identification as may be required by or pursuant to the laws of the respective states.
        9. Audits.  The administrator of each contracting state shall, within the statutory authority of the administrator, make any information obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting states.
        10. Errors in registration.  If it is determined by the administrator of a contracting state, as a result of these audits or otherwise, that an improper fee has been paid that state, or if errors in registration are found, the administrator may require the fleet owner to make the necessary corrections in the registration of his or her fleet and payment of fees.
        <<<<<<< HEAD

        Article V. Reciprocity

        =======

        Article V. Reciprocity

        >>>>>>> origin/main
        1. Grant of reciprocity.  Each of the contracting states grants reciprocity as provided in this article.
        2. Applicability.  The provisions of this agreement with respect to reciprocity shall apply only to a bus properly registered in the base state of the bus, which state must be a contracting state.
        3. Non-applicability to fleet buses.  The reciprocity granted pursuant to this article shall not apply to a bus which is entitled to be registered or identified as part of a prorated fleet.
        4. Extent of reciprocity.  The reciprocity granted pursuant to this article shall permit the interstate operation of a bus and intrastate operation which is incidental to a trip of such bus involving interstate operation.
        5. Other agreements.  Nothing in this agreement shall be construed to prohibit any of the contracting states from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the other state; nor to prevent any of the contracting states from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed, upon by the states.
        <<<<<<< HEAD

        Article VI. Withdrawal or Revocation

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        Article VI. Withdrawal or Revocation

        >>>>>>> origin/main

        Any contracting state may withdraw from this agreement upon thirty (30) days’ written notice to any other contracting state, which notice shall be given only after the repeal of this agreement by the legislature of such state, if adoption was by legislative act, or after renunciation by the appropriate administrative official of the contracting state if the laws of that state empower the administrator so to renounce.

        <<<<<<< HEAD

        Article VII. Construction and Severability

        This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability of it to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance shall not be affected by the invalidity. If this compact shall be held contrary to the constitution of any state participating in it, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

        =======

        Article VII. Construction and Severability

        This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability of it to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance shall not be affected by the invalidity. If this compact shall be held contrary to the constitution of any state participating in it, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

        History of Section.

        >>>>>>> origin/main

        History of Section. P.L. 1965, ch. 208, § 1.

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        >>>>>>> origin/main 31-6.1-2. “Administrator” defined.

        As used in the agreement, with reference to this state, the term “administrator” means administrator of the division of motor vehicles.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1965, ch. 208, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-6.1-3. Exemptions and changes in method of reporting.

        The administrator of the division of motor vehicles shall have the power to make such exemptions from the coverage of the agreement as may be appropriate and to make such changes in methods for the reporting of any information required to be furnished to this state pursuant to the agreement as, in his or her judgment, shall be suitable. Any of those exemptions or changes shall not be contrary to the purposes set forth in article I of the agreement and shall be made in order to permit the continuance of uniformity of practice among the contracting states with respect to buses. Any exemption or change shall be made by rule or regulation and shall not be effective unless made by the same procedure required for other rules and regulations of the department.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1965, ch. 208, § 3.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-6.1-4. Notice of withdrawal.

        Unless otherwise provided in any statute withdrawing this state from participation in the agreement, the governor shall be the officer to give notice of withdrawal from it.

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        >>>>>>> origin/main History of Section. P.L. 1965, ch. 208, § 4.

        Chapter 7 Foreign Vehicles

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-7-1. Right to operate on foreign registration.

        1. A nonresident owner, except as otherwise provided in §§ 31-7-2 and 31-7-3 , owning any foreign vehicle of a type otherwise subject to registration pursuant to this title, may operate or permit the operation of that vehicle within this state without registering the vehicle in, or paying any fees to, this state subject to the condition that the vehicle at all times, when operated in this state, is duly registered in, and displays upon it, a valid registration card and registration plate or plates issued for that vehicle in the place of residence of that owner.
        2. Any foreign vehicle(s) parked or garaged overnight in this state for more than thirty (30) days in the aggregate in any one year that is owned and/or operated by a resident of this state as defined in § 31-1-18 shall register the vehicle(s) and pay the same fee that is required with reference to like vehicle(s) owned by residents of this state. The state police and local police departments, upon observation of a foreign-registered vehicle present within the state for thirty (30) days or more shall identify the owner of the vehicle and, if a Rhode Island resident, provide a notice containing a copy of this section to the owner and to the tax assessor in the city or town in which the vehicle is located.
        3. Any domiciled resident of this state who owns a vehicle that is registered in another state shall file an annual report with the administrator of the division of motor vehicles of this state and with the tax assessor of the city or town in which the domiciled resident resides, stating the make, model, year, and validation of the vehicle and the reason for registering the vehicle in the foreign state. Failure to comply with the terms of this subsection shall be subject to a civil fine of not more than five hundred dollars ($500) for every foreign vehicle. This provision shall not apply to military personnel assigned to duty outside of the state of Rhode Island and for a period of thirty (30) days after discharge.
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        History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-1 ; P.L. 1982, ch. 27, § 1; P.L. 1984, ch. 437, § 1; P.L. 2014, ch. 364, § 1; P.L. 2014, ch. 403, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-1 ; P.L. 1982, ch. 27, § 1; P.L. 1984, ch. 437, § 1; P.L. 2014, ch. 364, § 1; P.L. 2014, ch. 403, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2014, ch. 364, § 1, and P.L. 2014, ch. 403, § 1 enacted identical amendments to this section.

        Cross References.

        Foreign operator’s and chauffeur’s licenses, § 31-10-2 .

        Comparative Legislation.

        Nonresidents:

        Conn. Gen. Stat. §§ 14-39 and 14-40.

        Mass. Ann. Laws ch. 90, § 3 et seq.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Foreign Registration.

        Foreign number plates and registration constituted prima facie evidence that vehicle was owned by registrant and was being used in his business or by his authority. Staples v. Spelman, 53 R.I. 244 , 165 A. 783, 1933 R.I. LEXIS 78 (1933).

        =======
        Foreign Registration.

        Foreign number plates and registration constituted prima facie evidence that vehicle was owned by registrant and was being used in his business or by his authority. Staples v. Spelman, 53 R.I. 244 , 165 A. 783, 1933 R.I. LEXIS 78 (1933).

        >>>>>>> origin/main

        Collateral References.

        Foreign-owned vehicles operating within state, statute in relation to. 82 A.L.R. 1091; 138 A.L.R. 1499.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-7-2. Vehicles transporting persons or property for compensation.

        A nonresident owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise, either regularly according to a schedule or for a consecutive period exceeding thirty (30) days, shall register the vehicle and pay the same fees for it as is required for like vehicles owned by residents of this state.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-2 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-2 .

        >>>>>>> origin/main 31-7-3. Nonresidents carrying on business in state.

        Every nonresident, including any foreign corporation carrying on business within this state and owning and regularly operating in the business any motor vehicle, trailer, or semi-trailer within this state, shall be required to register each vehicle and pay the same fees for it as is required for like vehicles owned by residents of this state.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-3 .

        >>>>>>> origin/main 31-7-4. Reciprocity.

        The provisions of § 31-7-1 shall be operative as to a nonresident owner or operator only to the extent that, under the laws of his or her residence or licensing country, state, territory, or district, like privileges are granted to motor vehicle owners resident of and registered under the laws of this state or operators licensed under the laws of this state. The division of motor vehicles shall finally determine the extent of the privileges granted to nonresident owners and operators of motor vehicles in the registration of motor vehicles and licenses of operators. The division of motor vehicles is authorized to enter into reciprocal agreements on behalf of the state with the appropriate authorities of any state in the United States of America or of the District of Columbia with respect to all fees or taxes imposed by this state and by any other state or the District of Columbia on motor vehicles, on the operation of motor vehicles, or on any transaction incident to the operation of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 2; P.L. 1951, ch. 2826, § 10; G.L. 1956, § 31-7-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 2; P.L. 1951, ch. 2826, § 10; G.L. 1956, § 31-7-4 .

        >>>>>>> origin/main

        Cross References.

        Reciprocity agreements, § 31-29-1 et seq.

        Comparative Legislation.

        Reciprocity:

        Conn. Gen. Stat. § 14-34.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-7-5. Suspension or revocation of rights of nonresidents.

        Whenever the division of motor vehicles shall suspend or revoke the right of any nonresident person to operate any motor vehicle, or to have operated any motor vehicle, owned by any nonresident upon the public highways of this state, it shall suspend or revoke that right for the same periods of time and upon the same grounds that it is required to suspend or revoke the license of any chauffeur or operator by §§ 31-11-6 , 31-11-7 , 31-11-8 , and 31-11-18 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 2; G.L. 1956, § 31-7-5 ; P.L. 1959 (s.s.), ch. 190, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 2; G.L. 1956, § 31-7-5 ; P.L. 1959 (s.s.), ch. 190, § 1.

        >>>>>>> origin/main 31-7-6. Long arm jurisdiction.

        1. The acceptance by a nonresident of the rights and privileges conferred by chapters 1 — 27 of this title, as evidenced by the operation of a motor vehicle by the nonresident, his or her servant or agent, or the operation by a nonresident, his or her servant or agent, of a motor vehicle on a public highway in this state other than under said chapters, shall be deemed equivalent to an appointment by the nonresident of the administrator of the division of motor vehicles or his or her successor in office, to be the nonresident’s true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the nonresident or his or her executor or administrator, growing out of any accident or collision in which the nonresident, his or her servant or agent, may be involved while operating a motor vehicle within this state. Acceptance or operation by the nonresident shall be deemed a signification of the nonresident’s agreement that any such process against the nonresident or his or her executor or administrator which is served as provided in this chapter shall be of the same legal force and validity as if served on the nonresident personally.
        2. This section shall also apply to a foreign corporation and to any resident of the state who becomes a nonresident prior to the commencement of an action against the corporation or resident, or his or her executor or administrator, growing out of any accident or collision in which that person or his or her agent may have been involved while operating a motor vehicle within this state.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-6 ; P.L. 1966, ch. 195, § 1; P.L. 1967, ch. 78, § 3.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-6 ; P.L. 1966, ch. 195, § 1; P.L. 1967, ch. 78, § 3.

        >>>>>>> origin/main

        Comparative Legislation.

        Long arm jurisdiction:

        Conn. Gen. Stat. § 52-62.

        Mass. Ann. Laws ch. 90, § 3A.

        NOTES TO DECISIONS

        Applicability of Provisions.

        Former provision did not apply to a nonresident employer of the operator where the vehicle was not owned by the employer but was owned by a resident and had been registered in the state. Clesas v. Hurley Mach. Co., 52 R.I. 69 , 157 A. 426, 1931 R.I. LEXIS 109 (1931).

        The services of a car wash being incidental to the operation of a vehicle on the highways, this section is applicable to an accident occurring on private premises used for the operation of a car wash. Hennessey v. Suhl, 100 R.I. 505 , 217 A.2d 434, 1966 R.I. LEXIS 468 (1966).

        Operation of Vehicle.

        Turning on of ignition and starting of motor constituted operation of vehicle so as to accept nonresident privileges even though there was no intent to set the vehicle in motion. Bomes v. Crowley, 78 R.I. 453 , 82 A.2d 867, 1951 R.I. LEXIS 101 (1951).

        Statute of Limitations.

        Since the nonresident motorist is subject to service and process under this section and § 31-7-7 , the statute of limitations on personal injury claims is not tolled under § 9-1-18 , and the plaintiff must commence actions against the defendant within three years after the accruing of the action. Rouse v. Connelly, 444 A.2d 850, 1982 R.I. LEXIS 843 (R.I. 1982).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-7-7. Service on nonresident.

        1. Service of process on a nonresident shall be made by leaving a copy of the process with a fee of five dollars ($5.00) in the hands of the administrator of the division of motor vehicles or in his or her office with some one acting in his or her stead as the administrator of the division of motor vehicles and the service shall be sufficient service upon the nonresident.
        2. Notice of the service and a copy of the process shall be sent by registered or certified mail prior to service or immediately after service by the plaintiff or his or her attorney of record, to the defendant at the address given upon the defendant’s registration or operator’s license. The sender’s post office receipt of sending and the plaintiff’s or his or her attorney’s affidavit of compliance are to be returned with the process in accordance with applicable procedural rules.
        3. Notwithstanding the requirements in subsections (a) and (b) of this section, however, once service has been made on the administrator of the division of motor vehicles as provided in this section, the court shall have the authority in the event of the failure to comply with the requirement of notice to the nonresident to order any notice that shall be sufficient to apprise the nonresident of the pendency of the suit against him or her, and in addition may extend the time for answering by the nonresident. It is also sufficient if notice and a copy of the process are served upon the defendant outside the state in accordance with applicable procedural rules.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-7-7 ; P.L. 1960, ch. 75, § 7; P.L. 1961, ch. 124, § 1; P.L. 1967, ch. 78, § 4.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-7-7 ; P.L. 1960, ch. 75, § 7; P.L. 1961, ch. 124, § 1; P.L. 1967, ch. 78, § 4.

        >>>>>>> origin/main

        Cross References.

        Service in proceeding against habitual offender of motor vehicle laws, § 31-40-5 .

        NOTES TO DECISIONS

        Purpose.

        The notice provision set out in this section is designed to safeguard the nonresident’s due process right to be timely apprised of the pendency of the action so that he is afforded the reasonable opportunity to appear and be heard. Zeigler v. Masterson, 109 R.I. 337 , 284 A.2d 584, 1971 R.I. LEXIS 1064 (1971).

        Applicability.

        This section applies only to accidents that occur in this state involving nonresident motorists; therefore, this section did not apply to give this state’s courts jurisdiction over a defendant who resided in another state involving an accident which occurred outside this state. Silvia v. Tryba, 649 A.2d 512, 1994 R.I. LEXIS 240 (R.I. 1994).

        Abuse of Discretion.

        Court’s order authorizing completion of service of process directed to registrar of motor vehicles by mailing of copies of summons and complaint to nonresident defendant after two years of process delivered to sheriff would be an abuse of discretion. Burns v. Hirsch, 108 R.I. 251 , 274 A.2d 421, 1971 R.I. LEXIS 1256 (1971).

        Notice to Insurer.

        Where the nonresident operator does not appear after service under this section, but where actual notice was not received by defendant and where her insurer is known and can be readily notified, the court may continue the cause for the purpose of notifying the insurer. Fiske v. Marino, 100 R.I. 758 , 219 A.2d 471, 1966 R.I. LEXIS 508 (1966).

        Statute of Limitations.

        Since the nonresident motorist is subject to service and process under § 31-7-6 and this section, the statute of limitations on personal injury claims is not tolled under § 9-1-18 , and the plaintiff must commence actions against the defendant within three years after the accruing of the action. Rouse v. Connelly, 444 A.2d 850, 1982 R.I. LEXIS 843 (R.I. 1982).

        Collateral References.

        Automobile, constitutionality of statute providing for substituted or constructive service upon nonresident in action for tort in connection with. 35 A.L.R. 951; 57 A.L.R. 1239; 99 A.L.R. 130.

        Constitutionality and construction of statute authorizing constructive or substituted service of process on foreign representative of deceased nonresident driver of motor vehicle, arising out of accident occurring in state. 18 A.L.R.2d 544.

        Construction and application of statute providing for constructive or substituted service of process on nonresident motorist. 82 A.L.R. 768; 96 A.L.R. 594; 125 A.L.R. 457; 138 A.L.R. 1464; 155 A.L.R. 333.

        Statute providing for constructive or substituted service of process upon nonresident motorist as applicable where accident occurs when motor vehicle of person injured or property damaged was not on highway. 73 A.L.R.2d 1351.

        Who is subject to constructive or substituted service of process under statute providing for such service on nonresident motorists. 155 A.L.R. 333; 53 A.L.R.2d 1164.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-7-8. Process fee as costs — Record of processes.

        The fee of five dollars ($5.00) paid by the plaintiff to the administrator of the division of motor vehicles, or in the administrator’s office, at the time of the service shall be taxed in the plaintiff’s costs if he or she prevails in the suit. The administrator of the division of motor vehicles shall keep a record of all processes served on nonresidents which shall show the day and hour of service and pay to the general treasurer all fees so paid.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 3595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-8 ; P.L. 1960, ch. 75, § 7.

        =======

        History of Section.

        P.L. 1950, ch. 3595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-8 ; P.L. 1960, ch. 75, § 7.

        >>>>>>> origin/main 31-7-9. Offenses — Nonresident bond posting.

        Every nonresident operator, who is charged by a member of the state police or by a member of the police department of any city or town of this state with a violation of any provision of chapters 14, 15, and 16 of this title, except for a violation included under chapter 41 of this title, may be required to deposit in escrow the sum of twenty-five dollars ($25.00), or to post a proper bond for that amount, with the state or local police department preferring the charge as a prerequisite to the nonresident operator being released for appearance at a later date before the court of proper jurisdiction upon the charge. The deposit so posted shall be returned to the nonresident, or the bond so posted shall be cancelled, upon the nonresident’s appearance before the court of proper jurisdiction for the disposition of the offense charged and effectuation of sentence, if any. If the nonresident shall fail to appear before the court of proper jurisdiction on the date and at the time assigned for the disposition of the offense charged, the deposit or bond, as the case may be, shall be forfeited and paid over to the clerk of court to be disbursed as if the defendant had been convicted and a fine and costs equal to that sum had been imposed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1967, ch. 216, § 1; P.L. 1971, ch. 177, § 2; P.L. 1992, ch. 324, § 14.

        Chapter 8 Offenses Against Registration and Certificate of Title Laws

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-1. Operation of vehicles without evidences of registration.

        No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway or bicycle trail or path, any vehicle required to be registered pursuant to this title unless there has been issued for it a valid registration card and unless there is attached to it and displayed on it, when and as required by chapters 3 — 9 of this title, a valid registration plate or plates issued for it by the division of motor vehicles for the current registration year except as otherwise expressly permitted in those chapters. Any violation of this section shall be punishable by a fine of eighty-five dollars ($85.00).

        History of Section. P.L. 1950, ch. 2595, art. 13, § 2; G.L. 1956, § 31-8-2 ; G.L. 1956, § 31-8-1 ; P.L. 1971, ch. 101, § 1; P.L. 1983, ch. 81, § 1; P.L. 1987, ch. 413, § 1; P.L. 2008, ch. 100, art. 12, § 14.

        <<<<<<< HEAD
        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 13, § 2; G.L. 1956, § 31-8-2 ; G.L. 1956, § 31-8-1 ; P.L. 1971, ch. 101, § 1; P.L. 1983, ch. 81, § 1; P.L. 1987, ch. 413, § 1; P.L. 2008, ch. 100, art. 12, § 14.

        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        Comparative Legislation.

        Fraudulent application:

        Conn. Gen. Stat. §§ 14-12 and 14-215.

        Mass. Ann. Laws ch. 90, § 22 et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-1.1. Operation of beach vehicle without permit.

        No person shall operate, nor shall an owner knowingly permit to be operated, upon a beach as defined by the coastal resources management council, any vehicle required to be registered by the coastal resources management council unless there has been issued a valid beach registration permit and unless there is attached on it and displayed on it a valid registration sticker issued by the coastal resources management council for the current registration year. Any violation of this section shall be punishable by a fine of not less that twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1998, ch. 306, § 1.

        Cross References.

        Coastal Resources Management Council, § 46-23-1 et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-2. Operation of vehicle when registration canceled, suspended, or revoked.

        No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway, a motor vehicle the registration of which has been canceled, suspended, or revoked. Any violation of this section is a civil violation.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1971, ch. 101, § 1; P.L. 1999, ch. 218, art. 6, § 3.

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        Comparative Legislation.

        Operation of vehicle with invalidated registration:

        Conn. Gen. Stat. § 14-215.

        Mass. Ann. Laws ch. 90, § 9.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-3. Improper use of evidences of registration or certificate of title.

        No person shall lend to another any certificate of title, registration card, registration plate, special plate, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use. Nor shall any person knowingly permit its use by one not so entitled. Nor shall any person display upon a vehicle any registration plate or permit not issued for that vehicle or not otherwise lawfully used on it under chapters 3 — 9 of this title. Any violation of this section is a civil violation.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 13, § 3; G.L. 1956, § 31-8-3 ; P.L. 1971, ch. 101, § 1; P.L. 1999, ch. 218, art. 6, § 3.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 13, § 3; G.L. 1956, § 31-8-3 ; P.L. 1971, ch. 101, § 1; P.L. 1999, ch. 218, art. 6, § 3.

        >>>>>>> origin/main

        Collateral References.

        Improper use of automobile license plates as affecting liability or right to recover for injuries, death or damages in consequence of automobile accident. 99 A.L.R.2d 904.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-4. Suspension or revocation of registration or certificate of title.

        1. The division of motor vehicles is authorized to suspend or revoke the registration of a vehicle or a certificate of title, registration card, or registration plate, or any nonresident or other permit, in any of the following events:
          1. When the division of motor vehicles is satisfied that the registration or that the certificate, card, plate, or permit was fraudulently or erroneously issued;
          2. When the division of motor vehicles determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
          3. When a registered vehicle has been dismantled or wrecked;
          4. When the division of motor vehicles determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand;
          5. When a registration plate or permit is knowingly displayed upon a vehicle other than the one for which issued;
          6. When the division of motor vehicles determines that the owner has committed any offense under chapters 3 — 9 of this title involving the registration or the certificate, card, plate, or permit to be suspended or revoked;
          7. When the division of motor vehicles is so authorized under any other provision of law; or
          8. Upon receipt of notice the carrier and/or operator of a commercial motor vehicle has violated or is not in compliance with 49 C.F.R. 386.72 or 49 C.F.R. 390.5 et seq. of the motor carrier safety regulations or chapter 23 of this title.
        2. Upon removal of cause for which the registration or certificate of title was revoked, denied, or suspended, the division of motor vehicles shall require the registrant or applicant to pay a restoration fee of two hundred and fifty dollars ($250), provided that no restoration fee shall be required if the revocation, denial, or suspension was issued pursuant to subsection (a)(2) of this section, §§ 31-38-2 , 31-38-3 , 31-38-4 , or 31-47.1-3 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 13, § 5; P.L. 1952, ch. 2937, § 6; G.L. 1956, § 31-8-5 ; G.L. 1956, § 31-8-4 ; P.L. 1971, ch. 101, § 1; P.L. 1996, ch. 382, § 1; P.L. 2000, ch. 275, § 1; P.L. 2009, ch. 5, art. 9, § 2; P.L. 2018, ch. 47, art. 8, § 4.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 13, § 5; P.L. 1952, ch. 2937, § 6; G.L. 1956, § 31-8-5 ; G.L. 1956, § 31-8-4 ; P.L. 1971, ch. 101, § 1; P.L. 1996, ch. 382, § 1; P.L. 2000, ch. 275, § 1; P.L. 2009, ch. 5, art. 9, § 2; P.L. 2018, ch. 47, art. 8, § 4.

        >>>>>>> origin/main

        Cross References.

        Felonies, penalties, § 31-27-14 .

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-5. Suspension or revocation of certificate or special plates of manufacturer, transporter, or dealer.

        The division of motor vehicles is also authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, bailee, or dealer upon determining that this person is not lawfully entitled to it; has made or knowingly permitted any illegal use of those plates; has committed fraud in the registration of vehicles; or has failed to give notices of transfers when and as required by chapters 3 — 9 of this title.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 13, § 6; G.L. 1956, § 31-8-6 ; G.L. 1956, § 31-8-5 ; P.L. 1971, ch. 101, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 13, § 6; G.L. 1956, § 31-8-6 ; G.L. 1956, § 31-8-5 ; P.L. 1971, ch. 101, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Suspension or revocation of registration:

        Conn. Gen. Stat. § 14-111.

        Mass. Ann. Laws ch. 90, § 22.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-8-6. Owner to return evidences of registration upon cancellation, suspension, or revocation.

        Whenever the division of motor vehicles as authorized pursuant to this title cancels, suspends, or revokes the registration of a vehicle, or a certificate of title, registration card or registration plate or plates, or any nonresident or other permit, or the license of any dealer or wrecker, that registration, certificate, or permit shall be invalid and the owner or person in possession of it shall immediately return the evidences of registration, title, or license so canceled, suspended or revoked to the division of motor vehicles. If the owner or person in possession fails to return it the division of motor vehicles may immediately direct any peace officer to secure possession of it and to return it to the division of motor vehicles.

        History of Section. P.L. 1950, ch. 2595, art. 13, § 7; P.L. 1954, ch. 3277, § 1; G.L. 1956, § 31-8-7 ; G.L. 1956, § 31-8-6 ; P.L. 1971, ch. 101, § 1.

        31-8-7. [Omitted.]

        <<<<<<< HEAD

        Omitted Sections. =======

        History of Section. >>>>>>> origin/main

        This section (P.L. 1950, ch. 2595, art. 13, § 7; P.L. 1954, ch. 3277, § 1; G.L. 1956, § 31-8-7 ) was omitted by the 1971 enactment of this chapter by P.L. 1971, ch. 101, § 1.

        <<<<<<< HEAD =======

        31-8-7. [Omitted.]

        Omitted Sections.

        This section (P.L. 1950, ch. 2595, art. 13, § 7; P.L. 1954, ch. 3277, § 1; G.L. 1956, § 31-8-7 ) was omitted by the 1971 enactment of this chapter by P.L. 1971, ch. 101, § 1.

        >>>>>>> origin/main

        Chapter 9 Theft and Related Offenses

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-1. Driving without consent of owner or lessee.

        Any person who drives a vehicle, not his or her own, without the consent of its owner or lessee, and with intent temporarily to deprive the owner or lessee of his or her possession of the vehicle, without intent to steal the vehicle, is guilty of a felony. The consent of the owner or lessee of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner’s or lessee’s consent on a prior occasion to the taking or driving of that vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or driving, is guilty of a felony. Any person convicted of a violation of this section shall be fined not more than five thousand dollars ($5,000) or imprisoned for a term of not more than five (5) years, or both.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 4; G.L. 1956, § 31-9-1 ; P.L. 1986, ch. 272, § 1; P.L. 1987, ch. 356, § 1; P.L. 1988, ch. 84, § 24; P.L. 1989, ch. 73, § 1; P.L. 1990, ch. 238, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 4; G.L. 1956, § 31-9-1 ; P.L. 1986, ch. 272, § 1; P.L. 1987, ch. 356, § 1; P.L. 1988, ch. 84, § 24; P.L. 1989, ch. 73, § 1; P.L. 1990, ch. 238, § 1.

        >>>>>>> origin/main

        Cross References.

        Misappropriation of vehicle, § 11-44-7 .

        Obtaining vehicle with intent to defraud, § 11-18-20 .

        Penalty for misdemeanor, § 31-27-13 .

        Unauthorized transfer of vehicle sold on conditional sale, § 11-41-17 .

        Comparative Legislation.

        Use of vehicle without owner’s consent:

        Conn. Gen. Stat. § 53a-119b.

        Mass. Ann. Laws ch. 266, §§ 28 and 29.

        NOTES TO DECISIONS

        Construction With § 31-9-2.

        The offense of possession of a stolen vehicle, which does not require proof of the element of driving, is a wholly distinct and separate offense from, and thus not a lesser included offense of, driving without consent, which does not require judicial determination of whether the defendant possessed a vehicle he knew or had reason to know was stolen. State v. Godette, 751 A.2d 742, 2000 R.I. LEXIS 114 (R.I. 2000).

        “Driving.”

        Since circumstantial evidence suggested that the defendant removed the car from a sale lot and retained possession of it for the time it was missing, it could be reasonably inferred that he drove the car off the lot and subsequently returned it after he had failed to obtain the vehicle’s bill of sale. State v. Malstrom, 672 A.2d 448, 1996 R.I. LEXIS 62 (R.I. 1996).

        “Owner.”

        In a prosecution for driving a motor vehicle without the consent of the owner under this section, the defendant was not the “owner” of the vehicle under § 31-1-17(b) (now (e)) even though he paid a $250 deposit, which took the car off the market but which did not operate to transfer ownership, and since no conditional sales contract existed transferring possession of the vehicle. State v. Malstrom, 672 A.2d 448, 1996 R.I. LEXIS 62 (R.I. 1996).

        Trial court did not abuse its discretion by denying a defendant’s motion to reduce sentence because the two and one-half year difference between his sentence for breaking and entering and his co-hort’s sentence was not disproportionate as they did not have to receive equal sentences and their were departure factors applicable to the defendant, which the trial justice justified in his findings such as the defendant being a career criminal, the crime turned into one of violence, he lacked remorse, and he had lied on the stand. Further, the trial court did not err by ordering the sentences for the breaking and entering, consipracy to commit breaking and entering, simple assault, and driving a motor vehicle without the permission of the owner to run consecutively rather than concurrently since the trial court justified its order by finding that it was not just a run-of-the-mill breaking and entering, the lives of the victims were changed forever, the defendant had no remorse for the crimes, and took no personal responsibility for his actions. State v. Coleman, 984 A.2d 650, 2009 R.I. LEXIS 143 (R.I. 2009).

        Collateral References.

        Validity, construction, and application of Anti-Car Theft Act (18 USCS § 2119). 140 A.L.R. Fed. 249.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-2. Possession of stolen vehicle or parts.

        1. Any person who, with intent to procure or pass title to a vehicle which he or she knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the vehicle from or to another, or who has in his or her possession any vehicle which that person knows or has reason to believe has been stolen or unlawfully taken, and who is not an officer of the law engaged at the time in the performance of his duty as an officer of the law, is guilty of a felony.
        2. Any person who receives, barters, conceals, stores, sells, conveys, or disposes of stolen vehicle parts which that person knows or has reason to believe have been stolen or unlawfully taken is guilty of a felony. Conviction for a second and for subsequent convictions under this section may be punished by imprisonment for a term of not less than one year nor more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both fine and imprisonment.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 5; G.L. 1956, § 31-9-2 ; P.L. 1983, ch. 221, § 7.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 5; G.L. 1956, § 31-9-2 ; P.L. 1983, ch. 221, § 7.

        >>>>>>> origin/main

        Cross References.

        Penalties for felonies, § 31-27-14 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Construction With § 31-9-1 .

        The offense of possession of a stolen vehicle, which does not require proof of the element of driving, is a wholly distinct and separate offense from, and thus not a lesser included offense of, driving without consent, which does not require judicial determination of whether the defendant possessed a vehicle he knew or had reason to know was stolen. State v. Godette, 751 A.2d 742, 2000 R.I. LEXIS 114 (R.I. 2000).

        =======
        Construction With § 31-9-1.

        The offense of possession of a stolen vehicle, which does not require proof of the element of driving, is a wholly distinct and separate offense from, and thus not a lesser included offense of, driving without consent, which does not require judicial determination of whether the defendant possessed a vehicle he knew or had reason to know was stolen. State v. Godette, 751 A.2d 742, 2000 R.I. LEXIS 114 (R.I. 2000).

        >>>>>>> origin/main 31-9-3. Injuring or tampering with vehicles.

        Any person who either individually or in association with one or more other persons willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a misdemeanor.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-3 .

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanor, § 31-27-13 .

        Rental battery, defacement, conversion, refusal to return, §§ 11-41-18 and 11-41-19 .

        Comparative Legislation.

        Tampering with motor vehicle:

        Conn. Gen. Stat. § 14-145.

        Collateral References.

        Burglary, breaking, or entering of motor vehicle. 72 A.L.R.4th 710.

        Validity and construction of statute making it a criminal offense to “tamper” with motor vehicle or its contents. 57 A.L.R.3d 606.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-4. Manipulating controls with malicious intent.

        Any person who with intent to commit any malicious mischief, injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest, or with like intent attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanisms or devices of a vehicle while the vehicle is at rest and unattended, or with like intent sets in motion any vehicle while the vehicle is at rest and unattended is guilty of a misdemeanor.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-4 .

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanor, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-5. Alteration of identification number.

          1. No person shall with fraudulent intent remove, deface, destroy, or alter the manufacturer’s serial or engine number or any other distinguishing number or identification mark of a motor vehicle or any of its parts nor shall any person place or stamp any serial, engine, or other number or mark upon a motor vehicle or any part, except one assigned to it by the division of motor vehicles. Any violation of this provision is a felony.
          2. The fact that a person removed, defaced, destroyed, or altered the manufacturer’s serial or engine number or any other distinguishing number or identification mark of a motor vehicle or part, or that a person placed or stamped on a motor vehicle part any serial, engine, or other number or mark different from that originally assigned by the manufacturer to it, without first obtaining a permit from the division of motor vehicles, shall be prima facie evidence of that person’s fraudulent intent.
        2. This section shall not prohibit the restoration by an owner of an original serial, engine, or other number or mark when that restoration is made under a permit issued by the division of motor vehicles, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon motor vehicles or their parts.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 8; G.L. 1956, § 31-9-5 ; P.L. 1978, ch. 196, § 1; P.L. 1983, ch. 221, § 7; P.L. 1984, ch. 264, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 8; G.L. 1956, § 31-9-5 ; P.L. 1978, ch. 196, § 1; P.L. 1983, ch. 221, § 7; P.L. 1984, ch. 264, § 1.

        >>>>>>> origin/main

        Cross References.

        Defacement or alteration of manufacturer’s serial number, §§ 11-18-23 and 11-18-24 .

        Penalty for felony, § 31-27-14 .

        Comparative Legislation.

        Alteration of identification number:

        Conn. Gen. Stat. § 14-149.

        Mass. Ann. Laws ch. 266, § 139.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-6. Possession of any motor vehicle or part thereof with altered identification number.

        Any individual, company, or corporation who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any motor vehicle, or its parts, from which the manufacturer’s serial or engine number or derivative of that number which is ascribed to that vehicle or part by the manufacturer, the owner, or the division of motor vehicles, or from which any other distinguishing number or identification mark or number placed on it under assignment from the division of motor vehicles has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of that motor vehicle or its parts is guilty of a felony.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 7; G.L. 1956, § 31-9-6 ; P.L. 1978, ch. 197, § 1; P.L. 1983, ch. 221, § 7.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 7; G.L. 1956, § 31-9-6 ; P.L. 1978, ch. 197, § 1; P.L. 1983, ch. 221, § 7.

        >>>>>>> origin/main

        Cross References.

        Penalty for felony, § 31-27-14 .

        Collateral References.

        Constitutionality of statute making possession of automobile from which identifying marks have been removed a crime. 4 A.L.R. 1538; 42 A.L.R. 1149.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-7. Reports by police officers of thefts and recoveries.

        Every proper officer, upon receiving reliable information that any vehicle registered under this title has been stolen, shall immediately report the theft to the division of motor vehicles unless prior to this discovery information has been received of the recovery of the vehicle. Any officer, upon receiving information that any vehicle, which was previously reported as stolen, has been recovered, shall immediately report the fact of that recovery to his or her department and the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 1; G.L. 1956, § 31-9-7 ; P.L. 1979, ch. 254, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 1; G.L. 1956, § 31-9-7 ; P.L. 1979, ch. 254, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Reports:

        Conn. Gen. Stat. § 14-152.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-9-8. Notice by owner of theft or embezzlement.

        The owner of, or person having a lien or encumbrance upon, a registered vehicle which has been stolen or embezzled may notify the division of motor vehicles of the theft or embezzlement, but in the event of an embezzlement may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 2; G.L. 1956, § 31-9-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 2; G.L. 1956, § 31-9-8 .

        >>>>>>> origin/main 31-9-9. Filing and indexing of theft and embezzlement reports.

        The division of motor vehicles, upon receiving a report of a stolen or embezzled vehicle as previously provided for in this chapter, shall file and appropriately index the report.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 3; P.L. 1952, ch. 2937, § 5; G.L. 1956, § 31-9-9 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 3; P.L. 1952, ch. 2937, § 5; G.L. 1956, § 31-9-9 .

        >>>>>>> origin/main 31-9-10. Weekly lists of stolen vehicles.

        The division of motor vehicles shall at least once each week compile and maintain at its headquarters office a list of all vehicles which have been stolen, embezzled, or recovered as reported to it during the preceding week. Those lists shall be sent to the various police departments in the state and shall be open to inspection by any person interested in any stolen or embezzled vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 12, § 3; G.L. 1956, § 31-9-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 12, § 3; G.L. 1956, § 31-9-10 .

        >>>>>>> origin/main 31-9-11. Sale, purchase, or possession of keys or manipulative devices for automobiles.

        Any person who shall sell, offer for sale, purchase, or have in his or her possession keys or manipulative devices designed or adapted to operate the ignition switches, door locks, or trunk locks of two (2) or more motor vehicles, the ignition switches, door locks, and trunk locks of which are designed or intended to be operated with a different key or set of keys for each vehicle, and those vehicles are not owned or leased by that person or in his or her lawful possession and control, unless that person is a locksmith, a duly licensed automobile dealer, a duly licensed body repair shop, an officer or employee of an automobile club or association, or a member of a duly authorized law enforcement agency, shall be guilty of a felony.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1968, ch. 95, § 1; P.L. 1983, ch. 221, § 7.

        Chapter 10 Operators’ and Chauffeurs’ Licenses

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-1. License required to drive.

        1. No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless that person has a valid license as an operator or chauffeur under the provisions of this chapter. No person shall receive an operator’s license unless and until he or she surrenders to the division of motor vehicles all valid operators’ licenses in his or her possession issued to that person by any other jurisdiction. All surrendered licenses shall be returned by the division of motor vehicles to the issuer together with the information that the licensee is now licensed in this state. No person shall be permitted to have more than one valid operator’s license at any time. Any resident as defined under § 31-1-18 shall be required to obtain a Rhode Island operator’s or chauffeur’s license within thirty (30) days of establishing residency.
        2. No person shall drive a motor vehicle as a chauffeur unless he or she holds a valid chauffeur’s license. No person shall receive a chauffeur’s license unless and until he or she surrenders to the division of motor vehicles any operator’s license issued to him or her, or an affidavit that he or she does not possess an operator’s license.
        3. Any person holding a valid chauffeur’s license under this chapter need not procure an operator’s license.
        4. Any person licensed as an operator or chauffeur under this chapter may exercise the privilege granted by that license upon all streets and highways in this state, and shall not be required to obtain any other license to exercise that privilege by any county, municipal, or local board, or by any body having authority to adopt local police regulations.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 1; G.L. 1956, § 31-10-1 ; P.L. 1962, ch. 204, § 1; P.L. 1982, ch. 26, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 1; G.L. 1956, § 31-10-1 ; P.L. 1962, ch. 204, § 1; P.L. 1982, ch. 26, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Operators’ licenses:

        Conn. Gen. Stat. § 14-36 et seq.

        Mass. Ann. Laws ch. 90, § 8 et seq.

        NOTES TO DECISIONS

        Purpose.

        The primary purpose of the licensing procedure is to exclude from the highways those operating motor vehicles who have not established their compliance with some minimal standards of competence and skill in the operation of vehicles and thereby secure the safety of the traveling public, and the provision of § 31-10-27 that the license be carried on the person is related to that purpose. State v. Campbell, 95 R.I. 370 , 187 A.2d 543, 1963 R.I. LEXIS 15 (1963).

        Collateral References.

        Conflict between state and local regulations. 21 A.L.R. 1186; 64 A.L.R. 993; 147 A.L.R. 522.

        Construction and application of statutes requiring “chauffeurs” licenses. 105 A.L.R. 69.

        Validity of statute or ordinance relating to grant of license or permit to operate automobile. 71 A.L.R. 616; 108 A.L.R. 1162; 125 A.L.R. 1459.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-2. Persons exempt from licensing requirements.

        The following persons are exempt from the licensing requirements of this chapter:

        1. Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business;
        2. A nonresident who is at least sixteen (16) years of age and who has in his or her immediate possession a valid operator’s license issued to him or her in his or her home state or country may operate a motor vehicle in this state only as an operator;
        3. A nonresident who is at least eighteen (18) years of age and who has in his or her immediate possession a valid chauffeur’s license issued to him or her in his or her home state or country may operate a motor vehicle in this state either as an operator or chauffeur. Subject to the age limits applicable to chauffeurs in this state, that license shall be accepted as a chauffeur class I license. Notwithstanding the foregoing, a nonresident must submit an application for a chauffeur class I license which must be approved before a nonresident may be employed as a chauffeur in this state;
        4. Any nonresident who is at least eighteen (18) years of age, whose home state or country does not require the licensing of operators, may operate a motor vehicle as an operator only, for a period of not more than ninety (90) days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of that nonresident;
        5. Any operator of any traction engine, road roller, farm tractor, crane, power shovel, well-borer, and any other road and building construction machinery and equipment, other than a truck used for the transportation of materials.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 2; P.L. 1954, ch. 3323, § 1; G.L. 1956, § 31-10-2 ; P.L. 1962, ch. 204, § 1; P.L. 2000, ch. 273, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 2; P.L. 1954, ch. 3323, § 1; G.L. 1956, § 31-10-2 ; P.L. 1962, ch. 204, § 1; P.L. 2000, ch. 273, § 1.

        >>>>>>> origin/main

        Cross References.

        Foreign vehicles, operation, § 31-7-1 et seq.

        Collateral References.

        Nonresident operators’ or drivers’ licenses, statute with respect to. 82 A.L.R. 1392.

        Nonresidents, license regulations discriminating against. 112 A.L.R. 68.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-3. Persons ineligible for licenses.

        1. The division of motor vehicles shall not issue any license under this chapter:
          1. To any person, as an operator, who is under the age of sixteen (16) years;
          2. To any person, as a chauffeur, who is under the age of eighteen (18) years;
          3. To any person, as an operator or chauffeur, whose license has been suspended, during that suspension, nor to any person whose license has been revoked, except as provided in § 31-11-10 ;
          4. To any person, as an operator or chauffeur, who is a habitual drunkard or habitual user of drugs to such an extent that he or she is incapable of safely driving a motor vehicle;
          5. To any person, as an operator or chauffeur, who is required by this chapter to take an examination unless that person shall have successfully passed that examination;
          6. To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited that proof;
          7. To any person when the administrator of the division of motor vehicles has good cause based on clear and convincing evidence to believe that that person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highway;
          8. To any person when the administrator of the division of motor vehicles has good cause to believe that the operation of a motor vehicle on the highways by that person would pose an imminent safety risk to the general public as determined by objectively ascertainable standards;
          9. To any person who is subject to an order issued pursuant to § 14-1-67 .
        2. The division of motor vehicles shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to the provisions of § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the division of motor vehicles. Upon his or her request the division of motor vehicles shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
        3. The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 3; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-3 ; P.L. 1959 (s.s.), ch. 190, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 196, § 2; P.L. 1998, ch. 89, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 3; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-3 ; P.L. 1959 (s.s.), ch. 190, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 196, § 2; P.L. 1998, ch. 89, § 1.

        >>>>>>> origin/main

        Cross References.

        Habitual offender, determination of court for restoration of the privilege, § 31-40-7 .

        Law Reviews.

        Legislation Survey Section: Motor Vehicles, see Roger Williams Univ. L. Rev. 844 (1999)

        NOTES TO DECISIONS

        Constitutionality.

        The refusal to renew an applicant’s chauffeur’s license for failure to satisfy minimum vision requirements did not violate the applicant’s constitutional right to work under the Fifth Amendment to the United States Constitution and art. 1, § 2 of the Rhode Island Constitution. Allard v. Department of Transp., 609 A.2d 930, 1992 R.I. LEXIS 100 (R.I. 1992).

        Appeal.

        Where appeal was from denial of license under this section because license had been previously revoked, the question of whether such revocation was proper could not be considered where such revocation occurred more than 10 days before the appeal was taken. Dexter v. Asselin, 90 R.I. 283 , 157 A.2d 675, 1960 R.I. LEXIS 13 (1960).

        Exemption.

        There is no discretion to exempt an applicant for renewal of a chauffeur’s license from the minimum vision requirements established for the issuance of such licenses, and therefore no error in refusing to consider evidence of an applicant’s ability to operate a motor vehicle safely despite his failing eyesight. Allard v. Department of Transp., 609 A.2d 930, 1992 R.I. LEXIS 100 (R.I. 1992).

        Collateral References.

        Validity, construction, and application of age requirements for licensing of motor vehicle operators. 86 A.L.R.3d 475.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-4. Classification of chauffeurs — Examination of applicants.

        The division of motor vehicles upon issuing a chauffeur’s license shall indicate on it the class of license so issued and shall appropriately examine each applicant according to the class of license applied for and may impose any rules and regulations for the exercise of that license as it may deem necessary for the safety and welfare of the traveling public.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 5; G.L. 1956, § 31-10-4 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 5; G.L. 1956, § 31-10-4 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-5. Special restrictions for drivers for compensation.

        1. No person who is under the age of twenty-one (21) years shall drive any school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation nor in either event until he or she has been licensed as a chauffeur for either purpose and the license so indicates. Colleges and universities shall be exempt from the requirement for a public plate for vehicles used to shuttle only students or employees to various points within the college or university campus or if a college or university owned or leased vehicle is used for the occasional transportation of college or university employees or students either on or off campus provided that the vehicle is operated by a college or university employee possessing a valid Rhode Island chauffeur’s license or a commercial drivers license with a passenger endorsement. Provided, however, that the college or university shall operate the shuttle service and there shall be no specific charge for the transportation of students or employees. The division of motor vehicles shall not issue a chauffeur’s license for either purpose unless the applicant has had at least one year of driving experience prior to the application, and has filed with the division of motor vehicles one or more certificates signed by a total of at least three (3) responsible people to whom he or she is well known certifying to the applicant’s good character and habits and the administrator of the division of motor vehicles is fully satisfied as to the applicant’s competency and fitness to be so employed.
        2. In addition to the requirements provided in subsection (a) of this section, any person attempting to obtain a chauffeur’s license to drive a school bus transporting school children shall, prior to being certified:
          1. Successfully complete a ten (10) hour school bus driver training course conducted by the department of revenue or the department of revenue’s designee and file a certificate of successful completion with the division of motor vehicles. The curriculum of that course and the accreditation of courses offered shall be pursuant to rules and regulations promulgated by the division of motor vehicles;
          2. Pass a written examination prepared and given by the department of revenue or the department of revenue’s designee.
          3. Pass a driving test in a school bus of a like type which that person will be employed to drive. The test will be prepared and given by the department of revenue.
        3. Prior to issuing a certificate to any person who intends to drive a school bus, the division of motor vehicles shall conduct a search of that person’s motor vehicle record. Any violation of any safety regulation or conviction of any motor vehicle law in this or any other state shall be grounds for refusing to issue a certificate.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 5; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-5 ; P.L. 1962, ch. 204, § 1; P.L. 1975, ch. 235, § 1; P.L. 1986, ch. 413, § 1; P.L. 2000, ch. 109, § 62; P.L. 2002, ch. 408, § 1; P.L. 2007, ch. 380, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 5; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-5 ; P.L. 1962, ch. 204, § 1; P.L. 1975, ch. 235, § 1; P.L. 1986, ch. 413, § 1; P.L. 2000, ch. 109, § 62; P.L. 2002, ch. 408, § 1; P.L. 2007, ch. 380, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

        >>>>>>> origin/main

        Cross References.

        School buses, regulations and inspection, §§ 31-22-10 and 31-22-11 .

        Taxicabs and limited public motor vehicles, licensing of operators, § 39-14-20 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-5.1. School bus driver annual training.

        1. The department of revenue shall promulgate any rules and regulations that it deems necessary to ensure that a ten-hour (10) training course is provided for all new school bus drivers and a three-hour (3) retraining course is provided to all renewal applicants on at least a yearly basis.
        2. The training shall include, but not be limited to, defensive driving, the National Highway Traffic Safety Administration’s School Bus Driver In-Service Series, and instruction in all state laws, rules, and regulations relating to school buses and school bus safety.
        3. Prior to any renewal of any certificate of a school bus driver, the division of motor vehicles shall require proof of the renewal applicant’s having successfully completed the annual retraining as provided in this section. That proof shall include the passing of a written examination prepared by the department of revenue, or the department of revenue’s designee, and conducted by employees of the department.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 413, § 2; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9; P.L. 2016, ch. 47, § 1; P.L. 2016, ch. 56, § 1.

        Compiler’s Notes.

        P.L. 2016, ch. 47, § 1, and P.L. 2016, ch. 56, § 1 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-6. Graduated licensing for person under the age of eighteen (18).

        1. Purpose.  To ensure that license holders have sufficient training and experience and to promote safe, responsible driving, persons under the age of eighteen (18) shall be granted driving privileges on a limited basis as follows:
          1. Level 1 — Limited instruction permit.
          2. Level 2 — Limited provisional license.
          3. Level 3 — Full operator’s license.
        2. Requirements and privileges.  A permit or license issued pursuant to this section must have a color background or border that indicates the level of driving privileges granted by the permit or license.
          1. Limited instruction permit.  Any person who is at least sixteen (16) years of age but less than eighteen (18) years of age may apply to the division of motor vehicles for a limited instruction permit. The division of motor vehicles may, after the applicant has successfully completed a course of driver training prescribed in § 31-10-19 and passed a standardized written examination approved by the administrator of the division of motor vehicles or otherwise complied with the requirements of § 31-10-21 , issue to the applicant a limited instruction permit that shall entitle the applicant to drive a motor vehicle only under the following conditions:
            1. The permit holder must be in possession of the permit;
            2. A supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion;
            3. No person other than the supervising driver can be in the front seat;
            4. Every person occupying the vehicle being driven by the permit holder must have a safety belt properly fastened about his or her body, or be restrained by a child passenger restraint system as provided in § 31-22-22 when the vehicle is in motion;
            5. The permittee shall wear a safety belt at all times unless the permittee provides the division of motor vehicles with a statement from a physician indicating that for medical reasons the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of one year, and may be extended for a reasonable period of time if the holder of the permit provides the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen (16) years of age and is enrolled in a commercial drivers’ school or in a regularly recognized secondary school or college driver training program that is approved by the division of motor vehicles shall not be required to have a limited instruction permit while operating a dual-control training vehicle regularly used by that school in its driver training program and while a regular instructor in that school or program is occupying the seat beside that person.
          2. Limited provisional license.  A person may obtain a limited provisional license if the person meets all of the following requirements: <<<<<<< HEAD (i) (A) Has held a limited instruction permit issued by the division of motor vehicles for at least six (6) months; (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months; (C) Passes a road test administered by the division of motor vehicles and shall also meet the requirements of subsection (b)(2)(iii) of this section. (ii) A limited provisional license authorizes the license holder to drive a motor vehicle only under the following conditions:
            1. The license holder must be in possession of the license.
            2. The license holder may drive without supervision in any of the following circumstances:
              1. From 5:00 a.m. to 1:00 a.m.;
              2. When driving to or from work;
              3. When driving to or from an activity of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service, if the driver is a member of one of these organizations;
              4. From 4:00 a.m. to 5:00 a.m. when driving between the license holder’s home and a school-sponsored athletic activity for which no transportation is provided by the school. =======
                  1. Has held a limited instruction permit issued by the division of motor vehicles for at least six (6) months;
                  2. Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months;
                  3. Passes a road test administered by the division of motor vehicles and shall also meet the requirements of subsection (b)(2)(iii) of this section.
                2. A limited provisional license authorizes the license holder to drive a motor vehicle only under the following conditions:
                  1. The license holder must be in possession of the license.
                  2. The license holder may drive without supervision in any of the following circumstances:
                    1. From 5:00 a.m. to 1:00 a.m.;
                    2. When driving to or from work;
                    3. When driving to or from an activity of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service, if the driver is a member of one of these organizations;
                    4. From 4:00 a.m. to 5:00 a.m. when driving between the license holder’s home and a school-sponsored athletic activity for which no transportation is provided by the school.
                  3. The license holder may drive with supervision at any time. When the license holder is driving with supervision, the supervising driver must be seated beside the license holder in the front seat of the vehicle when it is in motion.
                  4. Every person occupying the vehicle being driven by the license holder must have a safety belt properly fastened about his or her body, or be restrained by a child safety passenger restraint system as provided in § 31-22-22 when the vehicle is in motion. >>>>>>> origin/main
                3. The license holder may drive with supervision at any time. When the license holder is driving with supervision, the supervising driver must be seated beside the license holder in the front seat of the vehicle when it is in motion.
                4. Every person occupying the vehicle being driven by the license holder must have a safety belt properly fastened about his or her body, or be restrained by a child safety passenger restraint system as provided in § 31-22-22 when the vehicle is in motion. (iii) In addition to meeting the requirements of subsection (b)(2)(i) of this section, a person under the age of eighteen (18) years seeking to obtain a provisional license shall present with his or her application a statement signed by the person’s parent or guardian stating that the applicant has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a driver while driving with a supervising driver. These fifty (50) hours may include driving lessons with a commercial driving school or any other supervised driving. (iv) During the first twelve (12) months of a limited provisional license no more than one passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate family/household members are excepted from this subsection.
              5. Full operator’s license. <<<<<<< HEAD (i) A person who is at least seventeen (17) years old but less than eighteen (18) years old may apply for and obtain a full operator’s license if the person meets all of the following requirements:
                1. Has held a limited provisional license issued by the division of motor vehicles for at least twelve (12) months; and =======
                  1. A person who is at least seventeen (17) years old but less than eighteen (18) years old may apply for and obtain a full operator’s license if the person meets all of the following requirements:
                    1. Has held a limited provisional license issued by the division of motor vehicles for at least twelve (12) months; and
                    2. Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months.
                    >>>>>>> origin/main
                  2. Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months. (ii) A person who meets the requirements of this section may obtain a full operator’s license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving, supervision and passenger limitations do not apply to a full operator’s license.
              <<<<<<< HEAD

              History of Section. P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1952, ch. 2937, § 8; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-6 ; P.L. 1962, ch. 204, § 1; P.L. 1964, ch. 224, § 1; P.L. 1988, ch. 78, § 1; P.L. 1990, ch. 253, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 323, § 1; P.L. 2003, ch. 326, § 1; P.L. 2005, ch. 231, § 1; P.L. 2005, ch. 344, § 1; P.L. 2017, ch. 367, § 1; P.L. 2017, ch. 373, § 1.

              =======

              History of Section.

              P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1952, ch. 2937, § 8; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-6 ; P.L. 1962, ch. 204, § 1; P.L. 1964, ch. 224, § 1; P.L. 1988, ch. 78, § 1; P.L. 1990, ch. 253, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 323, § 1; P.L. 2003, ch. 326, § 1; P.L. 2005, ch. 231, § 1; P.L. 2005, ch. 344, § 1; P.L. 2017, ch. 367, § 1; P.L. 2017, ch. 373, § 1.

              >>>>>>> origin/main

              Compiler’s Notes.

              P.L. 2017, ch. 367, § 1, and P.L. 2017, ch. 373, § 1 enacted nearly identical amendments to this section. P.L. 2017, ch. 367, passed by the General Assembly on June 29, 2017, uses the words “school-sponsored athletic activity” in subsection (b)(2)(ii)(B)(IV). P.L. 2017, ch. 373, passed by the General Assembly on September 19, 2017, uses the words “school-sponsored activity” in subsection (b)(2)(ii)(B)(IV).

              NOTES TO DECISIONS

              Constitutionality.

              The denial of an instruction permit to those under the age of 16 does not violate the equal protection clause of the Fourteenth Amendment to the United States Constitution.Berberian v. Petit, 118 R.I. 448 , 374 A.2d 791, 1977 R.I. LEXIS 1482 (1977).

              Supervising Unlicensed Drivers.

              Licensed operator supervising unlicensed operator under former statute had duty to exercise due care to prevent unlicensed operator from causing injury, but was not liable for injuries where he exercised such care as a reasonable person would under the circumstances. Cullinan v. Kooharian, 51 R.I. 250 , 153 A. 877, 1931 R.I. LEXIS 27 (1931).

              Collateral References.

              Liability, for personal injury or property damage, for negligence in teaching or supervision of learning driver. 5 A.L.R.3d 271.

              Student-drivers’ negligence as imputable to teacher-passenger. 90 A.L.R.3d 1329.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-6.1. Supervising driver.

        A supervising driver must be the parent, guardian, licensed foster parent or adult or a certified driver education instructor. A supervising driver must be a licensed driver who has been licensed to drive for five (5) years.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-6.2. Out-of-state exceptions.

        A nonresident who is at least seventeen (17) years old but less than eighteen (18) years old, who has an unrestricted drivers license issued by that state, and who becomes a resident of this state may apply for and obtain within thirty (30) days of establishing residency one of the following:

        1. Temporary permit.  If the person has not completed a drivers education course that meets the requirements of the department of education but is currently enrolled in a drivers education course that meets these requirements. A temporary permit is valid for the period specified in the permit and authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the division of motor vehicles concerning time of driving, supervision, and passenger limitations. The period must end within ten (10) days after the expected completion date of the drivers education course in which the applicant is enrolled.
        2. Full operator’s license.  If the person has completed a drivers education course that meets the requirements of the department of elementary and secondary education; has held the license issued by the other state for at least twelve (12) months; and has not been convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state.
        3. Limited provisional license.  If the person has completed a drivers education course that meets the requirements of the department of elementary and secondary education but either did not hold the license issued by the other state for at least twelve (12) months; or was convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state.
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        >>>>>>> origin/main History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2; P.L. 2010, ch. 239, § 28.

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        >>>>>>> origin/main 31-10-6.3. Duration and fee.

        A limited instruction permit expires on the eighteenth (18th) birthday of the permit holder. A limited provisional license expires on the eighteenth (18th) birthday of the permit holder. A full operator’s license shall be issued and expires on the date pursuant to § 31-10-30 . The fee for a limited instruction permit or a limited provisional license is ten dollars ($10.00). The fee for a full operator’s license is the amount prescribed in § 31-10-31 .

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        >>>>>>> origin/main History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

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        >>>>>>> origin/main 31-10-6.4. Violations.

        It is unlawful for the holder of a limited learner’s permit, a temporary permit or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to that permit or license. Failure to comply with a restriction concerning time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary fine of eighty-five dollars ($85.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and one hundred dollars ($100.00) for a third or any subsequent offenses.

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        >>>>>>> origin/main History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2; P.L. 2008, ch. 100, art. 12, § 15.

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        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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        >>>>>>> origin/main 31-10-6.5. Insurance status.

        The holder of a limited instruction permit is not considered a licensed driver for purposes of determining the inexperience operator premium surcharge pursuant to automobile insurance policies.

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        >>>>>>> origin/main History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

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        >>>>>>> origin/main 31-10-7. Temporary driver’s permit — Persons over the age of eighteen (18).

        The division of motor vehicles may in its discretion issue a temporary driver’s permit to an applicant for a full operator’s license who has attained the age of eighteen (18). A temporary driver’s permit shall permit the applicant to operate a motor vehicle while the division of motor vehicles is completing its investigation and determination of all facts relative to the applicant’s right to receive a full operator’s license. The temporary driver’s permit must be in the applicant’s immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s license has been issued or for good cause has been refused.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-7 ; P.L. 1962, ch. 204, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-7 ; P.L. 1962, ch. 204, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

        >>>>>>> origin/main 31-10-8. Special armed forces operator’s license.

        The administrator of the division of motor vehicles is authorized to issue a special form of motor vehicle operator’s license, at no fee, to any person serving in the armed forces of the United States who at the time of his or her entrance into the armed forces was a legal resident of Rhode Island and the holder of a valid license. The special license shall be valid during the term of the person’s period of service and for thirty (30) days thereafter unless sooner cancelled, suspended, or revoked for cause, and the person shall, while operating a motor vehicle upon the public highways, carry the special license upon his or her person and shall also carry upon his or her person conclusive evidence of the fact that he or she is a member of the armed forces of the United States.

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        History of Section. P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-8 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-8 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-9. Operator’s license issued after expiration of armed forces license.

        Whenever an armed forces special license shall become invalid by reason of expiration, the person to whom it was issued shall, within a period of three (3) years from the date of the expiration, be entitled to receive a regular motor vehicle operator’s license without submitting to an examination upon presentation of a proper application accompanied by the proper fee.

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        History of Section. P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-9 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-9 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-10. Rules as to armed forces license.

        The special license provided for in §§ 31-10-8 and 31-10-9 , shall be issued under any rules and in any form that the administrator of the division of motor vehicles may prescribe. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        History of Section. P.L. 1955, ch. 3584, § 2; G.L. 1956, § 31-10-10 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

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        History of Section.

        P.L. 1955, ch. 3584, § 2; G.L. 1956, § 31-10-10 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

        >>>>>>> origin/main 31-10-11. Application forms — Destruction of refused applications.

        Every application for an instruction permit or for an operator’s or chauffeur’s license shall be made upon a form furnished by the division of motor vehicles. Applications of unsuccessful applicants may be destroyed after a period of thirty (30) days from the date of the failure to pass the required examination.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 7; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-11 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 7; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-11 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-12. Contents of application.

        1. Every application for an instruction permit or for a license shall:
          1. State the full name, date of birth, sex, and residence address of the applicant;
          2. Briefly describe the applicant;
          3. State whether the applicant has previously been licensed as an operator or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked;
          4. State whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal; and
          5. Provide any further information bearing on the applicant’s character or ability to drive that may be required by the administrator of the division of motor vehicles.
        2. Every application shall state whether the applicant desires to donate tissue or organs pursuant to the provisions of chapter 18.6 of title 23.
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        History of Section. P.L. 1950, ch. 2595, art. 15, § 7; G.L. 1956, § 31-10-12 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 180, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 7; G.L. 1956, § 31-10-12 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 180, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Divorced Licensees.

        This section does not require a divorced licensee to produce a divorce or probate court decree as proof of a name change. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

        Use of Any Name.

        This section does not abrogate the common-law right of qualified applicants to use, assume, or adopt any name as long as the purpose of its assumption or adoption is not fraudulent. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

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        >>>>>>> origin/main 31-10-13. Record from other jurisdiction.

        1. Whenever an application is received from a person previously licensed in another jurisdiction, the division of motor vehicles may request a copy of the operator’s record from that other jurisdiction. When received, the operator’s record shall become a part of the operator’s record in this state with the same force and effect as though entered on the operator’s record in this state in the original instance.
        2. Whenever the division of motor vehicles receives a request for an operator’s record from another licensing jurisdiction the record shall be forwarded without charge.
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        >>>>>>> origin/main History of Section. P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 371, § 1.

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        >>>>>>> origin/main 31-10-14. Applications of minors.

        The application of any person under the age of eighteen (18) years for a limited instruction permit, a limited provisional license, or a full operator’s license shall be signed and verified, before a person authorized to administer oaths, by one or more of the following individuals: the father, mother, guardian, adult husband or wife, or licensed foster parent, who is a resident of this state and qualified to be a supervising driver pursuant to § 31-10-6.1 . In the event there is no parent, guardian, or licensed foster parent, who meets these requirements, then by another responsible adult who is willing to assume the obligation imposed under §§ 31-10-1 — 31-10-33 upon a person signing the application of a minor.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-13 ; G.L. 1956, § 31-10-14 ; P.L. 1962, ch. 204, § 1; P.L. 1978, ch. 62, § 1; P.L. 1989, ch. 74, § 1; P.L. 1989, ch. 187, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-13 ; G.L. 1956, § 31-10-14 ; P.L. 1962, ch. 204, § 1; P.L. 1978, ch. 62, § 1; P.L. 1989, ch. 74, § 1; P.L. 1989, ch. 187, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

        >>>>>>> origin/main 31-10-15. Liability of person signing minor’s application.

        Any negligence or willful misconduct of a minor under the age of eighteen (18) years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of that minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages caused by the minor’s negligence or willful misconduct except as otherwise provided in § 31-10-16 .

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-14 ; G.L. 1956, § 31-10-15 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-14 ; G.L. 1956, § 31-10-15 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Collateral References.

        Construction and effect of statutes which make parent, custodian, or other person signing minor’s application for vehicle operator’s license liable for licensee’s negligence or wilful misconduct. 26 A.L.R.2d 1320; 45 A.L.R.4th 87.

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        >>>>>>> origin/main 31-10-16. Liability when minor proves financial responsibility.

        In the event a minor deposits or there is deposited upon the minor’s behalf proof of financial responsibility in respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the division of motor vehicles may accept the application of the minor when signed by a parent or guardian of the minor or other responsible adult, and while that proof is maintained the parent or guardian or responsible adult shall not be subject to the liability imposed under § 31-10-15 .

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-15 ; G.L. 1956, § 31-10-16 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-15 ; G.L. 1956, § 31-10-16 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Cross References.

        Proof of financial responsibility, § 31-32-1 et seq.

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        >>>>>>> origin/main 31-10-17. Release from liability.

        Any person who has signed the application of a minor for a license may later file with the division of motor vehicles a verified written request that the license granted to the minor be cancelled. On receipt of the request the division of motor vehicles shall cancel the license of the minor and the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 9; G.L. 1956, § 31-10-16 ; G.L. 1956, § 31-10-17 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 9; G.L. 1956, § 31-10-16 ; G.L. 1956, § 31-10-17 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-18. Cancellation of license upon death of person signing minor’s application.

        The division of motor vehicles upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the minor has attained the age of eighteen (18) years.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 10; P.L. 1951, ch. 2826, § 14; G.L. 1956, § 31-10-17 ; G.L. 1956, § 31-10-18 ; P.L. 1962, ch. 204, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 10; P.L. 1951, ch. 2826, § 14; G.L. 1956, § 31-10-17 ; G.L. 1956, § 31-10-18 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-19. Driver education — Traffic safety education. [Contingent amendment; see other version.]

        1. The community college of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years of age for a limited instruction permit or license. The instruction shall include eight (8) hours, specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the state board of regents and which course of instruction shall be approved by the board of governors for higher education. In case of emergency, the president of the community college of Rhode Island may declare, when no certified instructor is available to teach, an individual eligible to teach at the community college of Rhode Island who has taken the required course of instruction in driver education, may provide driver education instruction. All driver education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The board of governors for higher education shall ensure that each person properly certified and approved to instruct driver education courses shall be given an equal opportunity for employment as an instructor within the driver education program. No person teaching driver education under this section shall own, be employed by, or be associated with a commercial driving school.
        2. Driver education instruction shall be available to any eligible resident applicant not less than fifteen (15) years and ten (10) months of age.
        3. That the state shall also provide a separate program of instruction, as previously set forth in this section, for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction.
        4. The community college of Rhode Island shall provide a driver training program for physically handicapped drivers. The program shall instruct the physically handicapped driver in the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by the handicapped individual. A physically handicapped person must be certified by a licensed physician that he or she is physically handicapped and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island shall establish a tuition fee sufficient to cover the cost of the program.
        5. A tuition or enrollment fee shall be required to be paid by an eligible applicant in accordance with rules and regulations of the board of governors for higher education; provided, that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs associated with the driver education program at the community college of Rhode Island and administered by the community college of Rhode Island.
        6. The board of governors for higher education is authorized to establish administrative regulations to further implement this section.
        7. The community college of Rhode Island shall establish tuition fees sufficient to cover the cost of the program and the administration of the driver education program. All positions established to implement the driver education program and funded in full by driver education program fees shall be exempt from the full-time equivalency cap established in Article 1 of the Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, the actual number of filled positions funded exclusively by driver education fees to the chairperson of the house finance committee, the chairperson of the senate finance committee, and the state budget officer.
        8. The board of governors for higher education shall provide for an optional and voluntary course of instruction for the applicant’s parent, guardian, or designee where applicable, on the content of the driver education curriculum and the requirements for the graduated licensing for persons under the age of eighteen (18) as contained in § 31-10-6 . The community college of Rhode Island shall be responsible to develop the course of instruction and content for the parent instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall promulgate regulations and establish the appropriate method of providing the instruction.
        9. Dangers of distracted driving, including, but not limited to, use of cell phones would be included in this section curriculum and included in all testing as part of the state’s driver’s license examination.
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        History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2018, ch. 346, § 22.

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        History of Section.

        P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2018, ch. 346, § 22.

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        Compiler’s Notes.

        Section 2 of P.L. 1986, ch. 287, art. 7, effective January 1, 1987, provides that an approved non-public school may conduct the traffic safety education program under this section.

        P.L. 2013, ch. 52, § 1, and P.L. 2013, ch. 61, § 1 enacted identical amendments to this section.

        Cross References.

        Liberal construction, § 42-13-4 .

        Severability, § 42-13-5 .

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        >>>>>>> origin/main 31-10-19. Driver education — Traffic safety education. [Contingent effective date; see note.]

        1. The community college of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years of age, for a limited-instruction permit or license. The instruction shall include eight (8) hours, specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the state board of education and which course of instruction shall be approved by the state board of education. In case of emergency, the president of the community college of Rhode Island may declare, when no certified instructor is available to teach, that an individual eligible to teach at the community college of Rhode Island, who has taken the required course of instruction in driver education, may provide driver education instruction. All driver education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of education shall ensure that each person properly certified and approved to instruct driver education courses shall be given an equal opportunity for employment as an instructor within the driver education program. No person teaching driver education under this section shall own, be employed by, or be associated with a commercial driving school.
        2. Driver education instruction shall be available to any eligible resident applicant not less than fifteen (15) years and ten (10) months of age.
        3. That the state shall also provide a separate program of instruction, as previously set forth in this section, for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction.
        4. The community college of Rhode Island shall provide a driver training program for physically handicapped drivers. The program shall instruct the physically handicapped driver in the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by the handicapped individual. A physically handicapped person must be certified by a licensed physician that he or she is physically handicapped and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island shall establish a tuition fee sufficient to cover the cost of the program.
        5. A tuition or enrollment fee shall be required to be paid by an eligible applicant in accordance with rules and regulations of the state board of education; provided, that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs associated with the driver education program at the community college of Rhode Island and administered by the community college of Rhode Island.
        6. The state board of education is authorized to establish administrative regulations to further implement this section.
        7. The community college of Rhode Island shall establish tuition fees sufficient to cover the cost of the program and the administration of the driver education program. All positions established to implement the driver education program and funded in full by driver education program fees shall be exempt from the full-time equivalency cap established in Article 1 of the Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, the actual number of filled positions funded exclusively by driver education fees to the chairperson of the house finance committee, the chairperson of the senate finance committee, and the state budget officer.
        8. Notwithstanding any other provisions of this section, the state board of education shall provide for a required course of instruction for the applicant’s parent, guardian, or designee where applicable, on the content of the driver education curriculum and the requirements for the graduated licensing for persons under the age of eighteen (18) as contained in § 31-10-6 . The course of instruction shall be made available in a classroom setting at numerous locations, days, and times throughout the state, approved by the community college of Rhode Island. All costs and expenses associated with the course of instruction, including, but not limited to, materials, instructors, and location fees shall be at the sole expense of the program providers. Once approved by the state board of education, an online course of instruction shall be made available to parent(s), guardian(s), or designee(s), where applicable, to meet the requirements of this section. Under no circumstances shall any parent, guardian, or designee, where applicable, be required to pay any cost or fee in association with participation in the course required by this section. Upon completion of the course pursuant to this section, no parent, guardian, or designee shall be required to take the course more than one time in a five-year (5) period. Parents, guardians, and designees with multiple children having completed this course shall be deemed to have satisfied this requirement for each child in their care applying for his or her license during the five-year (5) period. Should AAA or any other provider cease to provide the course and no other provider exists, the community college of Rhode Island shall not be required to provide the course of instruction nor shall it be required to pay any of the costs associated therewith. Parents, guardians, and designees shall not be required to complete the course prior to their child obtaining a license during any time at which a qualified program under this section does not exist. The community college of Rhode Island shall be responsible to develop the course of instruction and content for the parent instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall promulgate regulations and establish the appropriate method of providing the instruction. Should a qualified program cease to exist for a period of time greater than six (6) months, the course of instruction will not be required.
        9. Dangers of distracted driving, including, but not limited to, use of cell phones would be included in this section curriculum and included in all testing as part of the state’s driver’s license examination.
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        History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2017, ch. 156, § 1; P.L. 2017, ch. 160, § 1; P.L. 2018, ch. 346, § 22.

        =======

        History of Section.

        P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2017, ch. 156, § 1; P.L. 2017, ch. 160, § 1; P.L. 2018, ch. 346, § 22.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2017, ch. 156, § 1, and P.L. 2017, ch. 160, § 1 enacted identical amendments to this section.

        Contingent Effective Dates.

        P.L. 2017, ch. 156, § 2 provides: “This act shall become effective upon approval of an online version of the course by the board of education but no sooner than January 1, 2018.”

        P.L. 2017, ch. 160, § 2 provides: “This act shall become effective upon approval of an online version of the course by the board of education but no sooner than January 1, 2018.”

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        >>>>>>> origin/main 31-10-20. Driver education course requirement before licensing.

        1. No limited-instruction permit or license shall be issued to any person not more than eighteen (18) years of age unless that person shall have successfully completed a course of instruction as provided in § 31-10-19 , or a similar course of instruction recognized by the state board of education as equivalent to it. However, any person who is over eighteen (18) years of age and has been a holder of a motor vehicle operator’s license issued to that person by any other state, territory, or possession of the United States, or any other sovereignty for a period of one year immediately prior to his or her application for a license under this chapter shall not be required to comply with the provisions of this section.
        2. Commencing on July 1, 2004, no limited-instruction permit or license shall be issued to any person not more than eighteen (18) years of age unless that person shall have successfully completed a course of instruction as provided in § 31-10-19 , or a similar course of instruction in another state recognized by the state board of education as equivalent to it. In determining whether a course is equivalent, the state board of education shall at a minimum require: (1) That the course consist of at least thirty-three (33) instructional hours that substantially conform with the current curriculum utilized by the instructor(s) at the Community College of Rhode Island, including a minimum of three (3) hours of instruction focusing upon specific Rhode Island traffic laws, the specific requirements of the Rhode Island graduated-licensing statute in § 31-10-6 , and eight (8) hours specifically for instruction on the effects of alcohol and drugs on a driver. All driver’s education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23; (2) That the instructor holds a valid teacher’s certificate; (3) That the instructor satisfactorily completes at least a three-credit (3) course in traffic safety education at an accredited institution of higher education; and (4) That the program does not offer outside the classroom road test instruction or driving lessons to Rhode Island students. However, any person who is over eighteen (18) years of age and has been a holder of a motor vehicle operator’s license issued to that person by any other state, territory, or possession of the United States, or any other sovereignty for a period of one year immediately prior to his or her application for a license under this chapter shall not be required to comply with the provisions of this section.
        3. The driver’s education course and driver’s license examination shall include material pertaining to a driver’s rights and responsibilities when stopped by a law enforcement officer as explained during the driver education course, including, but not limited to, rights provided to drivers pursuant to chapter 21.2 of title 31, the “comprehensive community-police relationship act of 2015.”
        <<<<<<< HEAD

        History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-20 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 142, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2002, ch. 116, § 1; P.L. 2003, ch. 218, § 1; P.L. 2003, ch. 329, § 1; P.L. 2004, ch. 327, § 1; P.L. 2004, ch. 372, § 1; P.L. 2018, ch. 131, § 1; P.L. 2018, ch. 291, § 1.

        =======

        History of Section.

        P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-20 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 142, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2002, ch. 116, § 1; P.L. 2003, ch. 218, § 1; P.L. 2003, ch. 329, § 1; P.L. 2004, ch. 327, § 1; P.L. 2004, ch. 372, § 1; P.L. 2018, ch. 131, § 1; P.L. 2018, ch. 291, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 131, § 1, and P.L. 2018, ch. 291, § 1 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-21. Written and eye examination.

        1. Every applicant for a license to operate a motor vehicle upon the public highways shall be required by the division of motor vehicles to show, by examination or otherwise, the ability to read and understand highway signs regulating, warning, and directing traffic, the proper knowledge of the operation and mechanism of motor vehicles, the rules of the road, the motor vehicle law, and such other qualifications as will demonstrate that the applicant is a proper and safe person to operate a motor vehicle upon the public highways. The examination shall include a test of the applicant’s eyesight. Notwithstanding the foregoing,
        2. Any person who has successfully completed a driver education course as set forth in § 31-10-19 and who has passed a standardized written driver’s license examination approved by the director of the department of revenue shall not be required to take the written examination. The director of the department of revenue shall develop a standardized written driver’s license examination which shall be administered by certified driver education instructors at the completion of each driver’s education course.
        3. An applicant, within six (6) months of having been certified by the department of elementary and secondary education as having passed a written examination administered by that department, shall, upon completion of an eyesight test by the division of motor vehicles, be considered in compliance with this section.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-18 ; G.L. 1956, § 31-10-21 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 326, § 1; P.L. 1987, ch. 454, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-18 ; G.L. 1956, § 31-10-21 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 326, § 1; P.L. 1987, ch. 454, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Exemption.

        The department of administration does not have the discretion to exempt an applicant for renewal of a chauffeur’s license from the minimum vision requirements established for the issuance of such licenses, and therefore did not err in refusing to consider evidence of an applicant’s ability to operate a motor vehicle safely despite his failing eyesight. Allard v. Department of Transp., 609 A.2d 930, 1992 R.I. LEXIS 100 (R.I. 1992).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-22. Road test.

        1. All applicants for a motor vehicle license shall pass a motor vehicle road test as prescribed by the administrator of the division of motor vehicles in a motor vehicle supplied by the applicant or in a dual-controlled motor vehicle supplied by the state. In the case of the examination for a chauffeur to operate a truck, tractor, trailer, tractor semi-trailer, bus, or other vehicle for hire, or a person who will operate only a vehicle equipped with automatic shift, or a person who is disabled and requires the use of a specially equipped motor vehicle, the person shall be examined in a vehicle furnished by the person. At the option of any person who is disabled, the road test shall be administered by the local office of the division of motor vehicles nearest that person’s home. A fee of twenty-five dollars ($25) shall be charged for all road tests, including repeat road tests, following failure of a road test.
        2. Any applicant for a motor vehicle license with limited English proficiency (LEP) may, during the road test, be accompanied by an interpreter, at the applicant’s own expense and choosing, who may translate the road test examiner’s directions to the applicant. The interpreter shall be eighteen (18) years of age or older. The applicant shall be responsible for and assume all liability for the presence of the interpreter in the motor vehicle. The division of motor vehicles is authorized and directed to promulgate rules and regulations necessary to carry out the provisions of this subsection.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-19 ; G.L. 1956, § 31-10-22 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 93, § 1; P.L. 1999, ch. 83, § 69; P.L. 1999, ch. 130, § 69; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2017, ch. 356, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-19 ; G.L. 1956, § 31-10-22 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 93, § 1; P.L. 1999, ch. 83, § 69; P.L. 1999, ch. 130, § 69; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2017, ch. 356, § 1.

        >>>>>>> origin/main

        Effective Dates.

        P.L. 2017, ch. 356, § 2 provides that the amendment to this section by that act takes effect on January 1, 2018.

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        >>>>>>> origin/main 31-10-23. Examiners not liable for acts of persons being examined.

        The investigators or examiners in the employ of the division of motor vehicles shall not be liable for the acts of any person who is being examined by the investigators or examiners.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-20 ; G.L. 1956, § 31-10-23 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-20 ; G.L. 1956, § 31-10-23 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Collateral References.

        State’s liability for improperly licensing negligent driver. 79 A.L.R.3d 955; 41 A.L.R.4th 111.

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        >>>>>>> origin/main 31-10-24. Applicants excused from road test.

        The provisions of § 31-10-22 shall not apply in the case of an applicant who already has been granted a valid operator’s license issued by a state or federal agency which has a reciprocal agreement with the state of Rhode Island in the matter of requirements for operator’s licenses. Also, § 31-10-22 shall not apply when an examiner of the division of motor vehicles is examining any student of a public or parochial educational institution which offers a course in driver training education acceptable to the division of motor vehicles, provided that the motor vehicle used by the educational institution for driver training education in which the student has received his or her driver training has been equipped with a dual control.

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        History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-21 ; G.L. 1956, § 31-10-24 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-21 ; G.L. 1956, § 31-10-24 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-10-25. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-22 ; G.L. 1956, § 31-10-25 ; P.L. 1962, ch. 204, § 1; Repealed by P.L. 1998, ch. 89, § 2, effective July 3, 1998.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-22 ; G.L. 1956, § 31-10-25 ; P.L. 1962, ch. 204, § 1; Repealed by P.L. 1998, ch. 89, § 2, effective July 3, 1998.

        >>>>>>> origin/main

        Compiler’s Notes.

        Former § 31-10-25 concerned refusal of improper applicants.

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        >>>>>>> origin/main 31-10-26. Issuance of license.

        1. The division of motor vehicles shall, upon payment of the required fee, issue to every qualifying applicant an operator’s or chauffeur’s license. The license shall be approximately two and one-half inches (21/2") wide and three and one-half inches (31/2") long and shall bear on it a distinguishing number assigned to the licensee; the full name; date of birth; residence address; brief description of the licensee; a photograph of the licensee; whether the licensee has indicated a desire to donate tissue or organs pursuant to the provisions of chapter 18.6.1 of title 23; and either a space upon which the licensee shall write his or her usual signature with pen and ink or a facsimile of the signature of the licensee. No license shall be valid until it has been so signed by the licensee designated on it. A negative file of all photographs of licensees shall be maintained by the division of motor vehicles for a period of five (5) years.
        2. The division of motor vehicles shall issue an operator’s or chauffeur’s license pursuant to this chapter to every qualifying applicant, including, but not limited to, any current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program, provided any applicant subject to the DACA program shall provide evidence of having received the grant from the United States Citizenship and Immigration Services.
        3. The division of motor vehicles shall issue special licenses to those licensees who have indicated that they desire to donate tissue or organs, which conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
        4. Any person who is a law enforcement officer, meaning any permanently employed member of the state, city, or town police departments, sheriffs and deputy sheriffs, members of the marshal’s unit, capitol police, and the state fire marshal and deputy fire marshals of the division of building, design and fire professionals or a member of the department of attorney general, any permanently employed federal law enforcement officer assigned in Rhode Island, or any member of the United States Attorney’s Office in Rhode Island or any employee of the R.I. department of corrections, as recommended by the director of the department of corrections, upon request of the applicant, shall be issued a license that contains the applicant’s official business address in lieu of a residence address as required under the general provisions of this section.
        5. The license issued to a person applying for the first time shall be designated as a “first license.” A first license shall be issued for a one-year period after which time a permanent driver’s license shall be issued according to this section.
        6. If an applicant has been adjudicated for committing one moving motor vehicle violation, has been involved in one reportable motor vehicle accident, or both, he or she shall be summoned for a hearing before a judge of the traffic tribunal at which time the driving record will be reviewed. The traffic tribunal judge shall determine if the person should be granted an operator’s license, be reissued a first license, or be denied a license to operate a motor vehicle in the state of Rhode Island.
        7. Any person who is under the age of twenty-one (21) years shall, upon payment of the required fee and upon meeting the qualifications for the receipt of an operator’s or chauffeur’s license, be issued a license that shall be readily distinguishable in color from those licenses issued to persons who are twenty-one (21) years of age or older. When a person under the age of twenty-one (21) years to whom a license has been issued and whose license is in full force and effect, attains his or her twenty-first birthday, he or she shall be entitled to receive a new license of the type issued to persons who are older than the age of twenty-one (21) years from the administrator of the division of motor vehicles upon demand at no expense. Every person shall supply to the division of motor vehicles satisfactory proof of his or her date of birth.
        8. The division of motor vehicles shall issue special licenses upon the request of a licensee that conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
        9. The division of motor vehicles shall note in an appropriate manner a restriction on any person’s license who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system as provided in chapter 27 of this title.
        10. Any personal digitized information contained within an operator’s or chauffeur’s license shall be limited to: (a) the licensee’s name, age, date of birth, address, gender, physical description such as weight, height, hair color and eye color, signature and organ donor status; and (b) the license number, commercial endorsements, expiration date, issue date, restriction, and class.
        11. Except to the extent an entity is authorized to renew drivers’ licenses, or except for financial institutions engaged in the verification of information for financial transactions, nongovernmental entities shall not have access to any digitized information contained in an operator’s or chauffeur’s license other than the licensee’s name, age, date of birth, signature, and photographic image, and the license’s expiration date; nor shall they store, record, or retain any such information obtained through a digital reading device. Access to digitized information by these entities shall be solely for the purpose of determining the age of an individual for a transaction, right, or privilege available by law only to persons of a certain age.
        12. To the extent that nongovernmental entities shall have access to the digitized information stored on an operator’s or chauffeur’s license, the entity shall be civilly liable for the unauthorized access to, or retention or use of, the information by its agents or persons acting in the name of the entity.
        13. The division of motor vehicles shall collect from applicants and licensees their social security numbers and tax identification numbers only to the extent required by federal law. The numbers shall not be included, either digitally or visually, on the operator’s or chauffeur’s license.
        14. Issuance of a Rhode Island operator’s license under this chapter to a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program shall not confer the right to vote in the state of Rhode Island.

        History of Section. P.L. 1950, ch. 2595, art. 15, § 12; G.L. 1956, § 31-10-23 ; G.L. 1956, § 31-10-26 ; P.L. 1962, ch. 204, § 1; P.L. 1966, ch. 61, § 1; P.L. 1969, ch. 122, § 1; P.L. 1970, ch. 316, § 1; P.L. 1974, ch. 206, § 1; P.L. 1976, ch. 57, § 2; P.L. 1978, ch. 175, § 1; P.L. 1978, ch. 286, § 1; P.L. 1984, ch. 371, § 1; P.L. 1986, ch. 148, § 1; P.L. 1986, ch. 180, § 1; P.L. 1989, ch. 157, § 1; P.L. 1990, ch. 35, § 1; P.L. 1990, ch. 136, § 1; P.L. 1991, ch. 354, § 6; P.L. 1992, ch. 405, § 4; P.L. 1992, ch. 465, § 1; P.L. 1995, ch. 109, § 1; P.L. 1997, ch. 30, art. 28, § 8; P.L. 1997, ch. 110, § 1; P.L. 2004, ch. 462, § 1; P.L. 2018, ch. 35, § 1; P.L. 2018, ch. 36, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 12; G.L. 1956, § 31-10-23 ; G.L. 1956, § 31-10-26 ; P.L. 1962, ch. 204, § 1; P.L. 1966, ch. 61, § 1; P.L. 1969, ch. 122, § 1; P.L. 1970, ch. 316, § 1; P.L. 1974, ch. 206, § 1; P.L. 1976, ch. 57, § 2; P.L. 1978, ch. 175, § 1; P.L. 1978, ch. 286, § 1; P.L. 1984, ch. 371, § 1; P.L. 1986, ch. 148, § 1; P.L. 1986, ch. 180, § 1; P.L. 1989, ch. 157, § 1; P.L. 1990, ch. 35, § 1; P.L. 1990, ch. 136, § 1; P.L. 1991, ch. 354, § 6; P.L. 1992, ch. 405, § 4; P.L. 1992, ch. 465, § 1; P.L. 1995, ch. 109, § 1; P.L. 1997, ch. 30, art. 28, § 8; P.L. 1997, ch. 110, § 1; P.L. 2004, ch. 462, § 1; P.L. 2018, ch. 35, § 1; P.L. 2018, ch. 36, § 1.

        >>>>>>> origin/main Compiler’s Notes.

        P.L. 2018, ch. 35, § 1, and P.L. 2018, ch. 36, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 35, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

        P.L. 2018, ch. 36, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

        NOTES TO DECISIONS

        Divorced Licensees.

        This section does not require a divorced licensee to produce a divorce or probate court decree as proof of a name change. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

        Use of Any Name.

        This section does not abrogate the common-law right of qualified applicants to use, assume, or adopt any name as long as the purpose of its assumption or adoption is not fraudulent. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

        Collateral References.

        State’s liability for improperly licensing negligent driver. 79 A.L.R.3d 955; 41 A.L.R.4th 111.

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        >>>>>>> origin/main 31-10-26.1. Anatomical gifts by drivers.

        1. The division of motor vehicles shall cause to be sent to each person applying for or renewing a license, as provided for in § 31-10-26 , a document containing a summary description and explanation of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
        2. The division of motor vehicles may, on behalf of the state accept and deposit with the general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this section and to expend the grant, gift, or contribution for those purposes.
        3. The division of motor vehicles may make and sign any agreements and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section.
        4. The division of motor vehicles shall issue special licenses upon request of a licensee which conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
        5. Neither the administrator of the division of motor vehicles nor any employee of the state shall be liable in any suit for damages as a result of his or her acts or omissions or for any action under the provisions of this section.
        6. The division of motor vehicles shall cause to be posted in all of its customer service locations a sign or other material encouraging persons to make anatomical gifts during the process of issuing and renewing licenses provided for in § 31-10.1-1 and in accordance with the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
        7. The division of motor vehicles shall cause to be produced application forms and renewal forms for driver’s licenses and nonoperator identification cards that clearly offer Rhode Island residents the option to consent to organ and tissue donation in accordance with § 31-10.1-8 . Only a “yes” or affirmative response will be noted. Information held by the division of motor vehicles regarding a person’s consent to donate shall constitute the “Rhode Island Donor Registry.” This information will be made available to all federally designated organ procurement organizations and law enforcement organizations twenty-four (24) hours a day via a password protected Internet connection and will only be used to facilitate anatomical gifts in accordance with the Revised Uniform Anatomical Gift Act, chapter 23-18.6.1.
        8. The division of motor vehicles shall develop by January 1, 2008 a method that requires written consent and confirmation to allow residents of Rhode Island to have their names accurately added to or deleted from the division’s Rhode Island Donor Registry in the periods between mandated driver’s license renewals. Persons added to the Donor Registry in this manner shall be considered as having made a document of gift.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1978, ch. 286, § 2; P.L. 1998, ch. 49, § 1; P.L. 1998, ch. 50, § 1; P.L. 2000, ch. 109, § 62; P.L. 2003, ch. 392, § 1; P.L. 2007, ch. 476, § 3.

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        >>>>>>> origin/main 31-10-27. License to be carried and exhibited on demand.

        1. Every licensee shall have his or her operator’s or chauffeur’s license in his or her immediate possession at all times when operating a motor vehicle and shall display the license upon the demand of any peace office or inspector of the division of motor vehicles and shall, upon request by any proper officer, write his or her name in the presence of that officer for the purpose of being identified. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer an operator’s or chauffeur’s license previously issued to him or her and valid at the time of his or her arrest.
        2. Every school bus operator shall display in a prominent place in the bus he or she is operating both a valid chauffeur’s license or a reasonable facsimile of it, and a valid school bus driver’s certificate, both of which have been issued by this state under the provisions of this title. A display case shall be provided to display these documents by the registered owner.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 13; G.L. 1956, § 31-10-25 ; G.L. 1956, § 31-10-27 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 413, § 1; P.L. 1988, ch. 372, § 1; P.L. 2000, ch. 109, § 62.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 13; G.L. 1956, § 31-10-25 ; G.L. 1956, § 31-10-27 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 413, § 1; P.L. 1988, ch. 372, § 1; P.L. 2000, ch. 109, § 62.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Evidence.

        Testimony of police officer that defendant had looked for his license through his clothing and in the glove compartment and thereafter stated that his operator’s license had been left at home was properly admissible as against contention of defendant that corpus delicti cannot be proved solely by admissions or confessions of defendants. State v. Campbell, 95 R.I. 370 , 187 A.2d 543, 1963 R.I. LEXIS 15 (1963).

        Where officer had testified that defendant had looked through his clothing and glove compartment for license and then stated he must have left it at home it was not error for court to sustain objections to questions on cross-examination as to whether officer had searched the person of defendant to determine that he did not in fact have his license. State v. Campbell, 95 R.I. 370 , 187 A.2d 543, 1963 R.I. LEXIS 15 (1963).

        License Check.

        This section authorizes the routine check and it is the duty of peace officers to make such checks to insure compliance with the licensing law to the same extent as they are charged with enforcing compliance with all the laws of this state. State v. Maloney, 109 R.I. 166 , 283 A.2d 34, 1971 R.I. LEXIS 1038 (1971).

        It is completely within an officer’s discretion to stop a car for a license check. State v. Rattenni, 117 R.I. 221 , 366 A.2d 539, 1976 R.I. LEXIS 1615 (1976).

        Operating Vehicle.

        Where, after throwing parking ticket on police officer’s desk on leaving, defendant was called back in and captain asked to see his driver’s license and defendant refused to show it, there was no violation of this section since defendant was not operating a motor vehicle. State v. Berberian, 93 R.I. 318 , 175 A.2d 282, 1961 R.I. LEXIS 110 (1961).

        Police Power.

        Provision that license must be carried on person of licensee while operating a motor vehicle is related to the safety and welfare of the traveling public and a valid exercise of the police power. State v. Campbell, 95 R.I. 370 , 187 A.2d 543, 1963 R.I. LEXIS 15 (1963).

        Collateral References.

        Necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 61 A.L.R.3d 1041; 7 A.L.R.5th 73.

        Search and seizure: lawfulness of demand for driver’s license, vehicle registration, or proof of insurance pursuant to police stop to assist motorist. 19 A.L.R.5th 884.

        Ulterior motive of official as affecting exercise of authority to require motorist to exhibit driver’s license. 154 A.L.R. 812.

        Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator’s license or the vehicle registration certificate. 6 A.L.R.3d 506.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-28. Restricted licenses.

        1. The division of motor vehicles, upon issuing an operator’s or chauffeur’s license, shall have the authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical control devices required on a motor vehicle which the licensee may operate or the other restrictions applicable to the licensee as the division of motor vehicles may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
        2. The division of motor vehicles may either issue a special restricted license or may set forth such restrictions upon the usual license form. In the case of an individual who, because of any visual disability, is prohibited from operating a motor vehicle in darkness, the division of motor vehicles, upon receipt of an affidavit from a licensed physician or ophthalmologist certifying that the individual is capable of operating a motor vehicle during the daylight hours, may issue a special restricted license permitting the individual to operate a motor vehicle only during the daylight hours.
        3. The division of motor vehicles may upon receiving satisfactory evidence of any violation of the restrictions of a restricted license suspend or revoke the license but the licensee shall be entitled to a hearing as upon a suspension or revocation under chapter 2 of this title.
        4. It is a civil violation for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 14; G.L. 1956, § 31-10-24 ; G.L. 1956, § 31-10-28 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 280, § 1; P.L. 1999, ch. 218, art. 6, § 4.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 14; G.L. 1956, § 31-10-24 ; G.L. 1956, § 31-10-28 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 280, § 1; P.L. 1999, ch. 218, art. 6, § 4.

        >>>>>>> origin/main 31-10-29. Duplicate certificates.

        In the event that an instruction permit or operator’s or chauffeur’s license issued under the provisions of this chapter is lost or destroyed, the person to whom the permit or license was issued may apply for the permit or license, and upon payment of the required fee of ten dollars ($10.00) obtain a duplicate certificate. The applicant shall furnish proof satisfactory to the division of motor vehicles that the permit or license has been lost or destroyed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 15; G.L. 1956, § 31-10-29 ; P.L. 1962, ch. 204, § 1; P.L. 1988, ch. 197, § 1; P.L. 1990, ch. 10, art. 1, § 3.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 15; G.L. 1956, § 31-10-29 ; P.L. 1962, ch. 204, § 1; P.L. 1988, ch. 197, § 1; P.L. 1990, ch. 10, art. 1, § 3.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        <<<<<<< HEAD

        “Lost”.

        Word “lost” in this section means that licensee has been deprived of possession of certificate by reason of inadvertence or accident, but does not include deprivation of possession by reason of forfeiture because of revocation or suspension of license or by reason of impoundment by authorized persons for use as evidence in investigation of criminal act on part of licensee. Young v. Lussier, 90 R.I. 229 , 157 A.2d 116, 1960 R.I. LEXIS 4 (1960).

        Where operator’s license certificate had been seized by police and licensee applied for new license stating that his certificate had been “lost,” registry of motor vehicles was authorized to cancel license because of false statement. Young v. Lussier, 90 R.I. 229 , 157 A.2d 116, 1960 R.I. LEXIS 4 (1960).

        =======
        “Lost”.

        Word “lost” in this section means that licensee has been deprived of possession of certificate by reason of inadvertence or accident, but does not include deprivation of possession by reason of forfeiture because of revocation or suspension of license or by reason of impoundment by authorized persons for use as evidence in investigation of criminal act on part of licensee. Young v. Lussier, 90 R.I. 229 , 157 A.2d 116, 1960 R.I. LEXIS 4 (1960).

        Where operator’s license certificate had been seized by police and licensee applied for new license stating that his certificate had been “lost,” registry of motor vehicles was authorized to cancel license because of false statement. Young v. Lussier, 90 R.I. 229 , 157 A.2d 116, 1960 R.I. LEXIS 4 (1960).

        >>>>>>> origin/main 31-10-30. Expiration and renewal of licenses.

        Every operator’s and chauffeur’s first license to operate a motor vehicle shall be by the issuance of a temporary license for the period beginning at the date of issuance and expiring on the birthday of the licensee in the second year following the issuance of the temporary license. Every operator’s and chauffeur’s license issued after expiration of the temporary license shall expire on the birthday of the licensee in the fifth year following the issuance of the license, with the exception of any person seventy-five (75) years of age or older whose license shall expire on the birthday of the licensee in the second year following the issuance of the license, and shall be renewable on or before expiration upon application and payment of the fee required by this chapter. The administrator of the division of motor vehicles, having good cause to believe the applicant for renewal is incompetent or otherwise not qualified, may require an examination of the applicant as upon an original application; provided, however, if the renewal applicant is applying for a commercial driver’s license and is in possession of a valid medical examination certificate issued pursuant to federal motor carrier safety regulations 49 CFR 391.41-391.49 that applicant shall be deemed to be competent and qualified under this chapter. The administrator of the division of motor vehicles is authorized to adopt any regulations necessary to carry out the purposes of this section. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 16; P.L. 1954, ch. 3337, § 1; G.L. 1956, § 31-10-30 ; P.L. 1960, ch. 63, § 1; P.L. 1962, ch. 204, § 1; P.L. 1968, ch. 157, § 1; P.L. 1969, ch. 98, § 1; P.L. 1984, ch. 439, § 2; P.L. 2002, ch. 292, § 106; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 93, § 1; P.L. 2010, ch. 116, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 16; P.L. 1954, ch. 3337, § 1; G.L. 1956, § 31-10-30 ; P.L. 1960, ch. 63, § 1; P.L. 1962, ch. 204, § 1; P.L. 1968, ch. 157, § 1; P.L. 1969, ch. 98, § 1; P.L. 1984, ch. 439, § 2; P.L. 2002, ch. 292, § 106; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 93, § 1; P.L. 2010, ch. 116, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2010, ch. 93, § 1, and P.L. 2010, ch. 116, § 1, enacted identical amendments to this section.

        NOTES TO DECISIONS

        Exemption.

        The department of administration does not have the discretion to exempt an applicant for renewal of a chauffeur’s license from the minimum vision requirements established for the issuance of such licenses, and therefore did not err in refusing to consider evidence of an applicant’s ability to operate a motor vehicle safely despite his failing eyesight. Allard v. Department of Transp., 609 A.2d 930, 1992 R.I. LEXIS 100 (R.I. 1992).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-31. Fees.

        The following fees shall be paid to the division of motor vehicles:

        1. For every operator’s first license to operate a motor vehicle, twenty-five dollars ($25.00);
        2. For every chauffeur’s first license, twenty-five dollars ($25.00); provided, that when a Rhode Island licensed operator transfers to a chauffeur’s license, the fee for the transfer shall be two dollars ($2.00);
        3. For every learner’s permit to operate a motorcycle, twenty-five dollars ($25.00);
        4. For every operator’s first license to operate a motorcycle, twenty-five dollars ($25.00);
        5. For every renewal of an operator’s or chauffeur’s license, thirty dollars ($30.00); with the exception of any person seventy-five (75) years of age or older for whom the renewal fee will be eight dollars ($8.00);
        6. For every duplicate operator’s or chauffeur’s license and every routine information update, i.e., name change or address change, twenty-five dollars ($25.00);
        7. For every certified copy of any license, permit, or application issued under this chapter, ten dollars ($10.00);
        8. For every duplicate instruction permit, ten dollars ($10.00);
        9. For every first license examination, five dollars ($5.00);
        10. For surrender of an out-of-state license, in addition to the above fees, five dollars ($5.00).
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 18, § 1; P.L. 1952, ch. 2937, § 10; P.L. 1954, ch. 3337, § 2; G.L. 1956, § 31-10-31 ; P.L. 1960, ch. 63, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 439, § 1; P.L. 1990, ch. 10, art. 1, § 1; P.L. 1991, ch. 98, § 1; P.L. 2005, ch. 117, art. 24, § 2; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2012, ch. 164, § 3; P.L. 2012, ch. 249, § 3; P.L. 2018, ch. 47, art. 8, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 18, § 1; P.L. 1952, ch. 2937, § 10; P.L. 1954, ch. 3337, § 2; G.L. 1956, § 31-10-31 ; P.L. 1960, ch. 63, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 439, § 1; P.L. 1990, ch. 10, art. 1, § 1; P.L. 1991, ch. 98, § 1; P.L. 2005, ch. 117, art. 24, § 2; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2012, ch. 164, § 3; P.L. 2012, ch. 249, § 3; P.L. 2018, ch. 47, art. 8, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2012, ch. 164, § 3, and P.L. 2012, ch. 249, § 3 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2012, ch. 164, § 4, provides that the amendment to this section by that act takes effect on September 1, 2012.

        P.L. 2012, ch. 249, § 4, provides that the amendment to this section by that act takes effect on September 1, 2012.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-32. Notice of change of address or name.

        Whenever any person after applying for or receiving an operator’s or chauffeur’s license shall move from the address named in his or her application or in the license issued to him or her, or when the name of a licensee is changed by marriage or otherwise, that person shall within ten (10) days thereafter notify the division of motor vehicles in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 17; G.L. 1956, § 31-10-28 ; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 17; G.L. 1956, § 31-10-28 ; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        Divorced Licensees.

        This section does not require a divorced licensee to produce a divorce or probate court decree as proof of a name change. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

        Use of Any Name.

        This section does not abrogate the common-law right of qualified applicants to use, assume, or adopt any name as long as the purpose of its assumption or adoption is not fraudulent. Traugott v. Petit, 122 R.I. 60 , 404 A.2d 77, 1979 R.I. LEXIS 2064 (1979).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-33. Records to be kept by the division of motor vehicles.

        1. The division of motor vehicles shall file every application for a license received by it and shall maintain suitable indexes containing, in alphabetical order:
          1. All applications denied and on each application shall note the reasons for the denial;
          2. All applications granted; and
          3. The name of every licensee whose license has been suspended or revoked and after each name shall note the reasons for the action.
        2. The division of motor vehicles shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state. The division shall maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of that licensee and the traffic accidents in which the licensee has been involved shall be readily ascertainable and available for the consideration of the division of motor vehicles upon any application for a renewal of license and at other suitable times.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 15, § 18; G.L. 1956, §§ 31-10-26 , 31-10-27 ; G.L. 1956, § 31-10-33 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 15, § 18; G.L. 1956, §§ 31-10-26 , 31-10-27 ; G.L. 1956, § 31-10-33 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Cross References.

        Abstract of court record with respect to motor vehicles, § 31-27-12.3 .

        Certified abstract of operator’s record, § 31-2-10 .

        Habitual offender, court order prohibiting operation of motor vehicle to become part of the permanent record of the registry, § 31-40-6 .

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-34 — 31-10-34.4. Repealed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, chs. 218, 254, § 1; P.L. 1977, ch. 103, § 1; P.L. 1978, ch. 379, § 1; P.L. 1981, ch. 415, § 1; P.L. 1985, ch. 118, § 1; P.L. 1999, ch. 105, § 4; P.L. 2001, ch. 180, § 66; Repealed by P.L. 2005, ch. 20, § 9, and by P.L. 2005, ch. 27, § 9, effective May 5, 2005.

        Compiler’s Notes.

        Former §§ 31-10-34 — 31-10-34 .4 concerned the driver’s training school licensing board.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-34.5. Transfer of functions to administrator of division of motor vehicles.

        On May 4, 2005 all functions, services performed, responsibilities and duties formerly of the drivers’ training school licensing board are hereby transferred to the administrator of the division of motor vehicles.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2005, ch. 20, § 10; P.L. 2005, ch. 27, § 10; P.L. 2010, ch. 239, § 28.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-35. Commercial drivers’ school license required.

        No person, unless licensed under the provisions of this chapter, shall engage in the business of giving instruction for compensation in the driving of motor vehicles and motorcycles. However, no license shall be required of a person who is engaged in teaching in a regularly recognized secondary school or college driver training program or a program in § 31-10.1-1.2 , which is approved by the division of motor vehicles.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2; P.L. 2000, ch. 109, § 62; P.L. 2008, ch. 96, § 3; P.L. 2008, ch. 147, § 3.

        Collateral References.

        Liability, for personal injury or property damage, for negligence in teaching or supervising learning driver. 5 A.L.R.3d 271.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-36. Application for commercial drivers’ school license.

        An application for a commercial drivers’ school license shall be made upon the form prescribed by the administrator of the division of motor vehicles and shall contain the name and address of the applicant, the location or locations of the proposed school, and any other pertinent information as may be required by the administrator of the division of motor vehicles to safeguard the public interest. Every application shall be accompanied by the fee required by law.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-10-37. Fee — Expiration of license — Duplicates.

        The fee for each application for a commercial drivers’ school license shall be fifty dollars ($50.00). The license shall be granted or denied by the administrator of the division of motor vehicles within thirty (30) days after the application has been filed. The license shall expire, unless sooner revoked or suspended, on the 30th day of June following its effective date. The administrator of the division of motor vehicles shall issue a separate license certificate for each location designated by the applicant and the certificate shall be displayed at that location. In case of the loss, mutilation, or destruction of a certificate, the administrator of the division of motor vehicles shall issue a duplicate of it upon proof of the facts and payment of a fee of one dollar ($1.00).

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

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        >>>>>>> origin/main 31-10-38. Denial, suspension, or revocation of commercial drivers’ school licenses.

        The administrator of the division of motor vehicles may deny an application for a license or suspend or revoke a license after it has been granted for any of the following reasons:

        1. A material misstatement by the applicant in his or her application for a license or the concealing of a material fact in connection with it.
        2. The applicant or any partner, officer, director, or stockholder in the school had previously held a drivers’ school license or was a partner, officer, director, or stockholder in a school which held a drivers’ school license, and that license was revoked or suspended by the administrator of the division of motor vehicles.
        3. The applicant or any partner, officer, director, stockholder, or employee in the school was convicted of any felony or misdemeanor.
        4. The applicant fails to furnish satisfactory evidence of good character, reputation, and fitness.
        5. Any willful failure to comply with the provisions of this chapter or with any rule or regulation promulgated by the administrator of the division of motor vehicles establishing instructional standards and procedures.
        6. Any conduct or representation by the applicant or any partner, officer, director, stockholder, or employee in the school tending to give the impression that a license to operate a motor vehicle or motorcycle or any other license or registration granted by the division of motor vehicles may be obtained by any means other than the means prescribed by law or tending to induce any person to resort to fraudulent representation, circumvention, concealment, or subterfuge in order to secure a license to drive a motor vehicle or motorcycle.
        7. Knowingly employing as an instructor a person who has been convicted of a felony or misdemeanor.
        8. Failure to furnish with the first application a copy of, or thereafter to maintain in force, a standard liability insurance policy approved by the administrator of the division of motor vehicles in the amount of ten thousand dollars ($10,000) for personal injury to or death of any one person, twenty thousand dollars ($20,000) for personal injury to or death of any number of persons involved in any one accident, and five thousand dollars ($5,000) for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or licensee or his or her agent or employee.
        9. The applicant does not hold a currently effective certificate issued by a college or school whose course in basic driver education is approved by the state board of education, manifesting the satisfactory completion of that course.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Use of Character Evidence.

        Evidence of bad character which resulted in suspension of defendant’s driving instructor’s license is sufficient to support the revocation of defendant’s driver’s-school license under subdivision (4). Larue v. Registrar of Motor Vehicles, Dep't of Transp., 568 A.2d 755, 1990 R.I. LEXIS 5 (R.I. 1990).

        =======
        Use of Character Evidence.

        Evidence of bad character which resulted in suspension of defendant’s driving instructor’s license is sufficient to support the revocation of defendant’s driver’s-school license under subdivision (4). Larue v. Registrar of Motor Vehicles, Dep't of Transp., 568 A.2d 755, 1990 R.I. LEXIS 5 (R.I. 1990).

        >>>>>>> origin/main 31-10-39. Instructor’s license required.

        No person, unless licensed by the administrator of the division of motor vehicles, shall be employed by any commercial drivers’ school licensee to give instruction to drive a motor vehicle or motorcycle. An application for an instructor’s license shall contain the name and address of the applicant, the name and address of the school employing the applicant, and any other pertinent information that may be required by the administrator of the division of motor vehicles to safeguard the public interest. Every application shall be verified by the oath or affirmation of the applicant and shall be accompanied by the fee required by law.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2; P.L. 2000, ch. 109, § 62.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-40. Fee — Expiration of instructor’s license.

        The fee for each application for an instructor’s license shall be fifteen dollars ($15.00). The license shall be granted or denied by the administrator of the division of motor vehicles within thirty (30) days after the application and shall expire, unless sooner revoked or suspended, on the thirtieth (30th) day of June following its effective date.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-41. Denial, suspension, or revocation of instructor’s license.

        The administrator of the division of motor vehicles may deny an application for an instructor’s license or suspend or revoke an instructor’s license after it has been granted for the following reasons:

        1. Any reason set forth in subdivisions (1) — (9) of § 31-10-38 .
        2. The applicant’s driving record shows that he or she is not a careful driver.
        3. The applicant has not attained the age of twenty-one (21) years.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

        Cross References.

        Taped record of hearing, § 31-2-21 .

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-42. Hearing on denial, suspension, or revocation of driver’s school or instructor’s licenses — Review.

        1. The administrator of the division of motor vehicles shall notify an applicant for a driver’s school or instructor’s license of the denial of his or her application and a licensee of the proposed suspension or revocation of his or her license by mailing to the applicant or licensee, postage prepaid, a written notice stating the ground or grounds for the denial or proposed suspension or revocation and designating the place and a time not less than five (5) days later for a hearing thereon before the administrator of the division of motor vehicles, if a hearing is requested by the applicant or licensee. The administrator of the division of motor vehicles may adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before him or her for hearing, may administer oaths, subpoena and examine witnesses, compel the production of documents and other evidence, take depositions of witnesses residing without the state, and order payment of witness fees and mileage, all in the same manner as in civil actions in the superior court. The administrator of the division of motor vehicles, however, shall not be bound by technical rules of evidence.
        2. Any person aggrieved by the denial of an application or the suspension or revocation of a license may, within thirty (30) days from the date the notice is mailed to that person, file in the supreme court a petition, duly verified, for a writ of certiorari, setting forth that the decision is illegal in whole or in part and specifying the grounds of illegality. Upon presentation of that petition, the court may allow a writ of certiorari directed to the administrator of the division of motor vehicles to review the decision of the administrator of the division of motor vehicles and shall prescribe in it the time within which return must be made. The allowance of the writ shall not stay proceedings upon the decision or the effect of them, but the court, upon application of the person aggrieved, may stay those proceedings or the effect of them.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Construction.

        The apparent conflict between § 42-35-15 of the Administrative Procedures Act and this section, which provides for the filing of a petition for a writ of certiorari in the Rhode Island supreme court, is resolved in favor of the procedures provided for in the Administrative Procedures Act. Larue v. Registrar of Motor Vehicles, Dep't of Transp., 568 A.2d 755, 1990 R.I. LEXIS 5 (R.I. 1990).

        =======
        Construction.

        The apparent conflict between § 42-35-15 of the Administrative Procedures Act and this section, which provides for the filing of a petition for a writ of certiorari in the Rhode Island supreme court, is resolved in favor of the procedures provided for in the Administrative Procedures Act. Larue v. Registrar of Motor Vehicles, Dep't of Transp., 568 A.2d 755, 1990 R.I. LEXIS 5 (R.I. 1990).

        >>>>>>> origin/main 31-10-43. Penalties for violations.

        Any person violating the provisions of § 31-10-6 , 31-10-35 , or 31-10-39 shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding two hundred dollars ($200) or be imprisoned not exceeding three (3) months.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1964, ch. 224, § 2; P.L. 1990, ch. 253, § 1.

        Cross References.

        Driving without license, habitual offender, determination before hearing, § 31-40-8 .

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10-44. Medical advisory board.

        1. There shall be established within the division of motor vehicles a medical advisory board to function solely as an advisory panel to the administrator of the division of motor vehicles on the subjects of physical and mental fitness standards for licensure to operate a motor vehicle and eligibility standards for disability parking privileges. When any person’s eligibility or continuing eligibility for a license is questioned on the grounds of physical or mental fitness, the administrator of the division of motor vehicles may consult with relevant specialist members of the medical advisory board in determining that person’s qualifications to operate a motor vehicle. The administrator of the division of motor vehicles may also consult with relevant specialist members of the medical advisory board in making determinations of eligibility for disability parking privileges.
        2. In accordance with chapter 35 of title 42, the administrator of the division of motor vehicles shall establish by regulations functional standards for determining physical and mental fitness for motor vehicle licensure. The promulgated standards will be based on current medical knowledge and objective data regarding fitness to safely operate motor vehicles, and will conform to the requirements of the Americans With Disabilities Acts and chapter 87 of title 42. In developing those functional standards the administrator of the division of motor vehicles shall consult with knowledgeable health and rehabilitation professionals including the Medical Society of Rhode Island and the medical advisory board.
        3. The medical board shall consist of a physician in general practice, a neurologist, a psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor; a physician from the Rhode Island department of health designated by the director of health who shall serve ex officio; and two (2) members of the general public approved by the governor, one of whom shall be representative of the elderly, and one of whom shall be representative of the people who are disabled. These members shall be appointed for a period of three (3) years.
        4. Any physician or optometrist who diagnoses a physical or mental condition which in the physician’s or optometrist’s judgment will significantly impair the person’s ability to operate safely a motor vehicle may voluntarily report the person’s name and other information relevant to the condition to the medical advisory board within the division of motor vehicles.
        5. Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section.
        6. For the purposes of this section, a “physician” is any person practicing medicine requiring a license pursuant to chapter 37 of title 5, and an “optometrist” is any person as defined in § 5-35-1 .
        7. Members of the medical board shall not be compensated for their services on the board. They shall meet at the request of the administrator of the division of motor vehicles at a time convenient to them.
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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 185, § 1; P.L. 1980, ch. 226, § 22; P.L. 1982, ch. 414, § 13; P.L. 1984, ch. 225, § 1; P.L. 1986, ch. 502, § 1; P.L. 1998, ch. 89, § 1; P.L. 1999, ch. 83, § 69; P.L. 1999, ch. 130, § 69; P.L. 2000, ch. 109, § 62; P.L. 2005, ch. 117, art. 21, § 27.

        Compiler’s Notes.

        P.L. 2001, ch. 77, art. 24, § 1 provides that the compensation paid to commissioners and board members for attendance at board meetings authorized under this section is suspended. Reimbursement for travel costs to the meetings will continue.

        Cross References.

        Termination of statutory entities and licensing authorities, § 22-14-5.3 .

        Law Reviews.

        Legislation Survey Section: Motor Vehicles, see Roger Williams Univ. L. Rev. 844 (1999).

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        >>>>>>> origin/main 31-10-45. Safety belts.

        Each licensee of a driver school shall equip the front seats of school training vehicles with safety belts for the instructor and the student, and the student shall wear a safety belt during road instruction.

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 422, § 1.

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        >>>>>>> origin/main 31-10-46. Driver education course — Credit given.

        A driver education student who passes the driver education course but fails the learner’s permit examination shall be given credit for passing the driver education course and need not retake it provided the student within ten (10) days retakes the learner’s permit examination at the division of motor vehicles and passes it.

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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 330, § 1.

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        >>>>>>> origin/main 31-10-47. Notification of selective service registration requirement.

        1. Any male, United States citizen or immigrant who is at least eighteen (18) years of age, but less than twenty-six (26) years of age shall be registered in compliance with the requirements of section 3 of the “Military Selective Service Act”, 50 U.S.C. App. 451 et seq., when applying to receive a driver’s license, renewal or identification card or renewal.
        2. The division of motor vehicles shall forward in an electronic format the name, address, date of birth, social security number, if applicable to the applicant, and date of application to the selective service system. The applicant’s submission of the application shall serve as an indication that the applicant has already registered with the selective service or that he is authorizing the department to forward to the selective service the necessary information for such registration. The department shall notify the applicant on the application that his submission of the application will serve as his consent to be registered with the selective service system, if so required by federal law.
        3. The provisions of this section shall apply to male United States citizens or immigrants between the ages of eighteen (18) and twenty-six (26) who are applying for issuance, renewal or duplicate of an instruction permit, a driver’s license, a provisional driver’s license, a commercial driver’s license, or an identification card on or after June 28, 2002.
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        >>>>>>> origin/main History of Section. P.L. 2002, ch. 374, § 2; P.L. 2003, ch. 408, § 1.

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        >>>>>>> origin/main 31-10-48. Veteran designation on operator license.

        1. The administrator of the division of motor vehicles shall, upon presentation of a United States Department of Defense (DD) FORM 214 or other acceptable documentation of military service and verification of an honorable discharge, issue a motor vehicle operator’s license or commercial driver’s license to the presenter that is clearly marked “veteran.”
        2. The presentment of an operator’s license marked “veteran” shall have the same validity in retail establishments as the presentment of a certified, government-issued military identification card as eligibility for preferential treatment.
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        >>>>>>> origin/main History of Section. P.L. 2012, ch. 164, § 2; P.L. 2012, ch. 249, § 2; P.L. 2015, ch. 206, § 1; P.L. 2015, ch. 225, § 1.

        Compiler’s Notes.

        P.L. 2012, ch. 164, § 2, and P.L. 2012, ch. 249, § 2 enacted identical versions of this section.

        P.L. 2015, ch. 206, § 1, and P.L. 2015, ch. 225, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2012, ch. 164, § 4, provides that this section takes effect on September 1, 2012.

        P.L. 2012, ch. 249, § 4, provides that this section takes effect on September 1, 2012.

        Chapter 10.1 Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles

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        >>>>>>> origin/main 31-10.1-1. License required. [Effective until March 1, 2022.]

        No resident of this state, except those expressly exempted in this chapter, shall drive any motorcycle or motor-driven cycle upon a highway in this state, unless the person shall first obtain a special license as an operator under the provisions of this chapter; provided, however, motorized bicycles and motor scooters with a motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is capable of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from the provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall be at least sixteen (16) years of age or unless the person previously has been issued a full operator’s license and a motorcycle learner’s permit or is already licensed under a prior act of this state. Any person under the age of eighteen (18) duly licensed under the prior act shall be eligible to have his or her license renewed in the same manner as persons over the age of eighteen (18). All licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet pursuant to § 31-10.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1992, ch. 324, § 15; P.L. 1992, ch. 364, § 1; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2006, ch. 11, § 2; P.L. 2006, ch. 12, § 2.

        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

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        >>>>>>> origin/main 31-10.1-1. License required. [Effective March 1, 2022.]

        1. No resident of this state, except those expressly exempted in this chapter, shall drive any two-wheeled (2) motorcycle or motor-driven cycle upon a highway in this state, unless the person shall first obtain a special license as an operator under the provisions of this chapter; provided, however, motorized bicycles and motor scooters with a motor rated not more than four and nine-tenths horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), shall be exempt from the provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall be at least sixteen (16) years of age or unless the person previously has been issued a full operator’s license and a motorcycle learner’s permit or is already licensed under a prior act of this state. Any person under the age of eighteen (18) duly licensed under the prior act shall be eligible to have his or her license renewed in the same manner as persons over the age of eighteen (18). All licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet pursuant to § 31-10.1-4 .
        2. No resident of this state, except those expressly exempted in this chapter, shall drive any three-wheeled (3) motorcycle or motor-driven cycle upon a highway in this state, unless the person shall first obtain a special license as an operator under the provisions of this chapter; provided, however, motorized bicycles and motor scooters with a motor rated not more than four and nine-tenths horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), shall be exempt from the provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall be at least sixteen (16) years of age or unless the person previously has been issued a full operator’s license and a motorcycle learner’s permit or is already licensed under a prior act of this state. Any person under the age of eighteen (18) years duly licensed under the prior act shall be eligible to have their license renewed in the same manner as persons over the age of eighteen (18) years. All licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet pursuant to § 31-10.1-4 .
        3. Any person currently licensed pursuant to this chapter, prior to March 1, 2022, shall continue to be permitted to operate both two-wheeled (2) and three-wheeled (3) motorcycles and motor-driven cycles without further examination.
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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1992, ch. 324, § 15; P.L. 1992, ch. 364, § 1; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2006, ch. 11, § 2; P.L. 2006, ch. 12, § 2; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

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        >>>>>>> origin/main 31-10.1-1.1. Motorcycle driver education program. [Effective until March 1, 2022.]

        1. The board of governors for higher education and the office of higher education shall through the Community College of Rhode Island provide a minimum of six (6) and up to a maximum of twenty (20) hours of classroom instruction and/or on-the-road driver training, as determined by the board and/or the Community College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s license under this chapter. Instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the state board of regents and/or certified to teach motorcycle safety classes by completion of a course of instruction recognized by the Community College of Rhode Island.
        2. Motorcycle driver education programs shall be available to any eligible resident applicant holding a valid Rhode Island motor vehicle operator’s license.
        3. The board of governors for higher education shall establish any fees that are deemed necessary to support this program.
        4. The board of governors for higher education and the office of higher education are authorized to establish regulations to further implement this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1978, ch. 184, § 1; P.L. 1983, ch. 131, § 1; P.L. 1984, ch. 367, § 1; P.L. 1992, ch. 364, § 1; P.L. 2002, ch. 309, § 1; P.L. 2008, ch. 96, § 1; P.L. 2008, ch. 147, § 1.

        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

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        >>>>>>> origin/main 31-10.1-1.1. Motorcycle driver education program. [Effective March 1, 2022.]

        1. The council on postsecondary education and the office of the postsecondary commissioner shall through the Community College of Rhode Island provide:
          1. A minimum of six (6) and up to a maximum of twenty (20) hours of classroom instruction and/or on-the-road driver training, as determined by the council and/or the Community College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s license to operate two-wheeled (2) motorcycles under this chapter; and
          2. A minimum of six (6) and up to a maximum of twenty (20) hours of classroom instruction and/or on-the-road driver training, as determined by the council and/or the Community College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s license to operate three-wheeled (3) motorcycles under this chapter. Instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the council on elementary and secondary education and/or certified to teach motorcycle safety classes by completion of a course of instruction recognized by the Community College of Rhode Island.
        2. Motorcycle driver education programs shall be available to any eligible resident applicant holding a valid Rhode Island motor vehicle operator’s license.
        3. The council on postsecondary education shall establish any fees that are deemed necessary to support this program.
        4. The council on postsecondary education and the office of the postsecondary commissioner are authorized to establish regulations to further implement this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1978, ch. 184, § 1; P.L. 1983, ch. 131, § 1; P.L. 1984, ch. 367, § 1; P.L. 1992, ch. 364, § 1; P.L. 2002, ch. 309, § 1; P.L. 2008, ch. 96, § 1; P.L. 2008, ch. 147, § 1; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

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        >>>>>>> origin/main 31-10.1-1.2. Approved motorcycle rider education program. [Effective until March 1, 2022.]

        1. The board of governors for higher education and/or the Community College of Rhode Island may certify motorcycle dealers engaged in selling motorcycles or an association engaged in motorcycle safety to provide motorcycle driver education courses in the state if the curriculum used during the course of instruction is certified by the Motorcycle Safety Foundation, or other programs approved by the board and/or the Community College of Rhode Island.
        2. The course shall provide students with a minimum of sixteen and a half (161/2) hours of combined classroom instruction, and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours for a licensed rider course.
        3. In order for an instructor to teach in a motorcycle rider education program in the state, the person shall meet all of the following requirements:
          1. Must be twenty-one (21) years of age or older, and must possess a valid drivers license recognized by the state of Rhode Island for at least three (3) consecutive years;
          2. Possess a high school diploma or GED;
          3. Must be certified by the Motorcycle Safety Foundation as an instructor;
          4. Must be licensed to teach motorcycle training in the state of Rhode Island;
          5. An instructor has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two (2) moving violations within a three (3) year period prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving violations within a five (5) year period prior to licensure as a motorcycle rider education instructor;
          6. An instructor has not had their driving privileges suspended or revoked in the five (5) preceding years prior to obtaining certification by the state of Rhode Island;
          7. An instructor has no driving under the influence of alcohol or drug convictions within ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider education instructor;
          8. Must successfully pass a criminal background check by the department;
          9. For out of state instructors, the person must provide the department with a certified copy of their driving record from the previous five (5) years.
        4. Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12) on the range during instruction.
        5. A student, unless specified under § 31-10.1-2 , who successfully completes a department approved motorcycle rider education program’s skills and written test requirements, shall be deemed compliant with § 31-10.1-1.1 and exempted from the road test under § 31-10.1-3 provided the student passes a written, vision and road sign examination at a department licensing facility. In order to take the written, vision and road sign examination under § 31-10.1-3 the student shall bring their Motorcycle Safety Foundation completion card and a road test waiver form provided by the rider education program where the course was successfully completed. The road test waiver form shall include the following:
          1. Student’s full name, as written on their valid drivers license;
          2. Motorcycle Safety Foundations’ Basic Rider Course Completion Card number;
          3. Course completion date;
          4. Dealership or association name;
          5. Dealership or association contact name;
          6. MSF Rider Education Recognition Program number, or equivalent;
          7. Instructor’s name, signature and Motorcycle Safety Foundation number or an identifier from any other program approved by the board and/or the Community College of Rhode Island instructor number.
        6. The department or the Community College of Rhode Island has the right to inspect ranges to ensure they fulfill the Motorcycle Safety Foundation’s range standards for motorcycle training. The department shall have the right to inspect the courses authorized under this section at any time. The entity providing the motorcycle rider education program shall maintain records for a minimum of two (2) years, including those who participated in the class, those who successfully completed the class, and those individuals who failed any portion of the class.
        7. No state subsidies shall be provided to a dealer or association for operating a motorcycle driver education program under this section.
        8. The state of Rhode Island shall not be liable for any acts or omissions on the part of motorcycle dealers and/or associations in the implementation of the motorcycle rider education program pursuant to this section.
        9. Each dealership and/or association seeking to provide a motorcycle driver education course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) and a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the purpose of program oversight.
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        >>>>>>> origin/main History of Section. P.L. 2008, ch. 96, § 2; P.L. 2008, ch. 147, § 2.

        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

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        >>>>>>> origin/main 31-10.1-1.2. Approved motorcycle rider education program. [Effective March 1, 2022.]

        1. The council on postsecondary education and/or the Community College of Rhode Island may certify motorcycle dealers engaged in selling motorcycles or an association engaged in motorcycle safety to provide motorcycle driver education courses in the state if the curriculum used during the course of instruction is certified by the Motorcycle Safety Foundation, or other programs approved by the council and/or the Community College of Rhode Island.
          1. The course of instruction for operation of two-wheeled (2) motorcycles shall provide students with a minimum of sixteen and a half (161/2) hours of combined classroom instruction, and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours for a licensed rider course.
          2. The course of instruction for operation of three-wheeled (3) motorcycles shall provide students with a minimum of sixteen and a half (161/2) hours of combined classroom instruction, and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours for a licensed rider course.
        3. In order for an instructor to teach in a motorcycle rider education program in the state, the person shall meet all of the following requirements:
          1. Must be twenty-one (21) years of age or older, and must possess a valid drivers license recognized by the state of Rhode Island for at least three (3) consecutive years;
          2. Possess a high school diploma or GED;
          3. Must be certified by the Motorcycle Safety Foundation as an instructor;
          4. Must be licensed to teach motorcycle training in the state of Rhode Island;
          5. An instructor has not had more than one moving traffic violation within one year prior to obtaining certification; not more than two (2) moving violations within a three-year (3) period prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving violations within a five-year (5) period prior to licensure as a motorcycle rider education instructor;
          6. An instructor has not had their driving privileges suspended or revoked in the five (5) preceding years prior to obtaining certification by the state of Rhode Island;
          7. An instructor has no driving under the influence of alcohol or drug convictions within ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider education instructor;
          8. Must successfully pass a criminal background check by the department;
          9. For out of state instructors, the person must provide the department with a certified copy of their driving record from the previous five (5) years.
        4. Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12) on the range during instruction.
        5. A student, unless specified under § 31-10.1-2 , who successfully completes a department approved two-wheeled (2) motorcycle rider education program’s skills and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the road test under § 31-10.1-3(a) provided the student passes a written, vision, and road sign examination at a department licensing facility. A student, unless specified under § 31-10.1-2 , who successfully completes a department approved three-wheeled (3) motorcycle rider education program’s skills and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(2) and exempted from the road test under § 31-10.1-3(b) , provided the student passes a written, vision, and road sign examination at a department facility. In order to take the written, vision, and road sign examination under § 31-10.1-3(a) or (b) the student shall bring their Motorcycle Safety Foundation completion card and a road test waiver form provided by the rider education program where the course was successfully completed. The road test waiver form shall include the following:
          1. Student’s full name, as written on their valid drivers license;
          2. Motorcycle Safety Foundation’s Basic Rider Course Completion Card number;
          3. Course completion date;
          4. Dealership or association name;
          5. Dealership or association contact name;
          6. MSF Rider Education Recognition Program number, or equivalent;
          7. Instructor’s name, signature, and Motorcycle Safety Foundation number or an identifier from any other program approved by the council and/or the Community College of Rhode Island instructor number.
        6. The department or the Community College of Rhode Island has the right to inspect ranges to ensure they fulfill the Motorcycle Safety Foundation’s range standards for motorcycle training. The department shall have the right to inspect the courses authorized under this section at any time. The entity providing the motorcycle rider education program shall maintain records for a minimum of two (2) years, including those who participated in the class, those who successfully completed the class, and those individuals who failed any portion of the class.
        7. No state subsidies shall be provided to a dealer or association for operating a motorcycle driver education program under this section.
        8. The state of Rhode Island shall not be liable for any acts or omissions on the part of motorcycle dealers and/or associations in the implementation of the motorcycle rider education program pursuant to this section.
        9. Each dealership and/or association seeking to provide a motorcycle driver education course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) and a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the purpose of program oversight.
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        >>>>>>> origin/main History of Section. P.L. 2008, ch. 96, § 2; P.L. 2008, ch. 147, § 2; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

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        >>>>>>> origin/main 31-10.1-2. Learner’s permit. [Effective until March 1, 2022.]

        1. Upon applying for a first license to drive a motorcycle and after successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1 and after satisfying the requirements of § 31-10.1-3 , the administrator of the division of motor vehicles may issue a motorcycle learner’s permit to take instruction in the operation of a motorcycle which entitles the holder to operate or drive a motorcycle on the public highway, other than limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age. A person who has been issued a learner’s permit may not carry passengers other than the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.
        2. The following persons are eligible for a motorcycle learner’s permit:
          1. A person who is at least sixteen (16) years old but less than eighteen (18) years old and has a limited provisional license or a full operator’s license issued by the division of motor vehicles.
          2. A person who is at least eighteen (18) years old and has a license issued by the division of motor vehicles.
        3. The holder of a motorcycle learner’s permit who has a limited provisional license may drive the motorcycle only at times when the license holder could drive a motor vehicle without supervision pursuant to § 31-10-14 .
        4. A motorcycle learner’s permit expires eighteen (18) months after it is issued.
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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1978, ch. 184, § 2; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3.

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        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        31-10.1-2. Learner’s permit. [Effective March 1, 2022.]

          1. Upon applying for a first license to drive a two-wheeled (2) motorcycle and after successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) and after satisfying the requirements of § 31-10.1-3(a) , the administrator of the division of motor vehicles may issue a motorcycle learner’s permit to take instruction in the operation of a two-wheeled (2) motorcycle which entitles the holder to operate or drive a two-wheeled (2) motorcycle on the public highway, other than a limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age.
          2. Upon applying for a first license to drive a three-wheeled (3) motorcycle and after successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) and after satisfying the requirements of § 31-10.1-3(b) , the administrator of the division of motor vehicles may issue a motorcycle learner’s permit to take instruction in the operation of a three-wheeled (3) motorcycle which entitles the holder to operate or drive a three-wheeled (3) motorcycle on the public highway, other than a limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age.
          3. A person who has been issued a learner’s permit may not carry passengers other than the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.
        2. The following persons are eligible for a motorcycle learner’s permit:
          1. A person who is at least sixteen (16) years old but less than eighteen (18) years old and has a limited provisional license or a full operator’s license issued by the division of motor vehicles.
          2. A person who is at least eighteen (18) years old and has a license issued by the division of motor vehicles.
        3. The holder of a motorcycle learner’s permit who has a limited provisional license may drive the motorcycle only at times when the license holder could drive a motor vehicle without supervision pursuant to § 31-10-14 .
        4. A motorcycle learner’s permit expires eighteen (18) months after it is issued.

        History of Section. P.L. 1967, ch. 27, § 1; P.L. 1978, ch. 184, § 2; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

        31-10.1-3. Examination. [Effective until March 1, 2022.]

        1. All applicants for a motorcycle, motor scooter, or motor-driven cycle license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the applicant.
        2. An applicant who within six (6) months of having been certified by the department of elementary and secondary education as having passed a written examination, road sign, and road test administered by that department, shall, upon completion of an eyesight test by the division of motor vehicles, be considered in compliance with this section.

        History of Section. P.L. 1967, ch. 27, § 1; P.L. 1987, ch. 362, § 1.

        =======

        >>>>>>> origin/main Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

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        31-10.1-2. Learner’s permit. [Effective March 1, 2022.]

          1. Upon applying for a first license to drive a two-wheeled (2) motorcycle and after successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) and after satisfying the requirements of § 31-10.1-3(a) , the administrator of the division of motor vehicles may issue a motorcycle learner’s permit to take instruction in the operation of a two-wheeled (2) motorcycle which entitles the holder to operate or drive a two-wheeled (2) motorcycle on the public highway, other than a limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age.
          2. Upon applying for a first license to drive a three-wheeled (3) motorcycle and after successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) and after satisfying the requirements of § 31-10.1-3(b) , the administrator of the division of motor vehicles may issue a motorcycle learner’s permit to take instruction in the operation of a three-wheeled (3) motorcycle which entitles the holder to operate or drive a three-wheeled (3) motorcycle on the public highway, other than a limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age.
          3. A person who has been issued a learner’s permit may not carry passengers other than the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.
        2. The following persons are eligible for a motorcycle learner’s permit:
          1. A person who is at least sixteen (16) years old but less than eighteen (18) years old and has a limited provisional license or a full operator’s license issued by the division of motor vehicles.
          2. A person who is at least eighteen (18) years old and has a license issued by the division of motor vehicles.
        3. The holder of a motorcycle learner’s permit who has a limited provisional license may drive the motorcycle only at times when the license holder could drive a motor vehicle without supervision pursuant to § 31-10-14 .
        4. A motorcycle learner’s permit expires eighteen (18) months after it is issued.

        History of Section.

        P.L. 1967, ch. 27, § 1; P.L. 1978, ch. 184, § 2; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

        31-10.1-3. Examination. [Effective until March 1, 2022.]

        1. All applicants for a motorcycle, motor scooter, or motor-driven cycle license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the applicant.
        2. An applicant who within six (6) months of having been certified by the department of elementary and secondary education as having passed a written examination, road sign, and road test administered by that department, shall, upon completion of an eyesight test by the division of motor vehicles, be considered in compliance with this section.

        History of Section.

        P.L. 1967, ch. 27, § 1; P.L. 1987, ch. 362, § 1.

        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical amendments to this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the amendment to this section by that act takes effect on March 1, 2022.

        >>>>>>> origin/main 31-10.1-3. Examination. [Effective March 1, 2022.]

        1. All applicants for a two-wheeled (2) motorcycle, motor scooter, or motor-driven cycle license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the applicant.
        2. All applicants for a three-wheeled (3) motorcycle, motor scooter, or motor-driven cycle license, except those exempted under this chapter, shall pass a written, vision, road sign, and road test, as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the applicant.
        3. An applicant who within six (6) months of having been certified by the department of elementary and secondary education as having passed a written examination, road sign, and road test administered by that department, shall, upon completion of an eyesight test by the division of motor vehicles, be considered in compliance with this section.
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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1987, ch. 362, § 1; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

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        >>>>>>> origin/main 31-10.1-4. Required equipment.

        Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection of a type approved by the administrator of the division of motor vehicles when operating their vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall be equipped with a rear view mirror. Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1 , to wear a helmet of a type approved by said administrator. Any person deemed in violation of this provision shall be subject to the fines enumerated in § 31-41.1-4 , which shall be paid in accordance with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles is authorized to set forth rules and regulations governing the use of other equipment on those vehicles. All fines collected under this section shall be deposited in a general restricted receipt account for the use of the Rhode Island governor’s office on highway safety in order to promote educational and informational programs encouraging helmet use.

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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1969, ch. 254, § 1; P.L. 1976, ch. 104, § 1; P.L. 1992, ch. 364, § 1; P.L. 2002, ch. 292, § 105; P.L. 2006, ch. 216, § 8; P.L. 2008, ch. 100, art. 12, § 6.

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        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        NOTES TO DECISIONS

        Constitutionality.

        As flying objects, such as loose stones kicked up by passing vehicles or windblown tree branches, striking the operator of a motorcycle in the head could cause him to lose control of his cycle and become a menace to other vehicles on the highway, this section bears a reasonable relation to highway safety generally and, therefore, is not unconstitutional as an improper exercise of the police power of the state attempting to protect people from the consequences of their own carelessness. State ex rel. Colvin v. Lombardi, 104 R.I. 28 , 241 A.2d 625, 1968 R.I. LEXIS 610 (1968).

        The word “helmet” when considered in the context of this section is sufficiently definite in meaning to prevent this section from being unconstitutional as improper delegation of police power to the registrar on the theory that it would permit regulations calling for helmets of glass, papier-maché, or concrete, useless for the purpose of safety, or require helmets of such materials and construction as to serve only decorative purposes. State ex rel. Colvin v. Lombardi, 104 R.I. 28 , 241 A.2d 625, 1968 R.I. LEXIS 610 (1968).

        Promulgation of Regulations.

        The conviction of defendants for operating motorcycles on the highway without wearing a helmet is not invalid because the regulations were promulgated without holding a public hearing prior to their promulgation and adoption as there were no requests for a hearing or for notices and notice of the proposed regulations was published. State v. Lombardi, 110 R.I. 776 , 298 A.2d 141, 1972 R.I. LEXIS 978 (1972).

        Standards and Specifications for Helmets.

        The registrar may adopt standards and specifications for helmets that have their origin elsewhere if he finds them proper for use in this state and the fact that they originated elsewhere and that he relied on the expertise of others does not amount to a delegation of authority so that a conviction for operating a motorcycle on the highway without wearing a helmet is valid under this section. State v. Lombardi, 110 R.I. 776 , 298 A.2d 141, 1972 R.I. LEXIS 978 (1972).

        Collateral References.

        Failure of motorcyclist to wear protective helmet or other safety equipment as contributory negligence, assumption of risk, or failure to avoid consequences of accident. 40 A.L.R.3d 856; 85 A.L.R.4th 365.

        Validity of traffic regulations requiring motorcyclists to wear helmets or other protective gear. 72 A.L.R.5th 607.

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        >>>>>>> origin/main 31-10.1-5. Handlebars.

        No person shall operate on a highway or in any parking area for ten (10) or more motor vehicles, any motorcycle, motor scooter, or motor driven cycle equipped with handlebars that are more than fifteen inches (15") in height above the uppermost portion of the seat when depressed by the weight of the operator. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 2002, ch. 292, § 105.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10.1-6. Passengers.

        Any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate foot-rest, and an appropriate handlebar or grip for his or her use, and must wear a properly fitting helmet of a type approved by the administrator of the division of motor vehicles. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger on it wears a helmet and is able to rest his or her feet upon a foot-rest. Any passenger on a motorcycle, motor scooter, or motor-driven cycle under twelve (12) years of age must have a properly secured back-rest or equivalent, shall have his or her feet placed upon the foot-rest, and shall be seated behind the operator unless a side car is provided. When, however, a side car is provided this age requirement shall not apply to any passenger(s) in the sidecar. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 1968, ch. 35, § 1; P.L. 1992, ch. 364, § 1; P.L. 2001, ch. 197, § 1; P.L. 2001, ch. 299, § 1; P.L. 2002, ch. 292, § 105.

        Collateral References.

        Validity of traffic regulations requiring motorcyclists to wear helmets or other protective gear. 72 A.L.R.5th 607.

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        >>>>>>> origin/main 31-10.1-6.1. Autocycles — Exemptions.

        The provisions of § 31-10.1-1 through § 31-10.1-6 , inclusive, shall not apply to autocycles. Any person licensed as an operator or chauffeur pursuant to chapter 10 of this title may operate an autocycle.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2016, ch. 390, § 2; P.L. 2016, ch. 404, § 2.

        Compiler’s Notes.

        P.L. 2016, ch. 390, § 2, and P.L. 2016, ch. 404, § 2 enacted identical versions of this section.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10.1-7. Inspection.

        Every motorcycle, motor scooter, or motor driven cycle shall be inspected in accordance with the law providing for inspection of motor vehicles and shall display a certificate of inspection as provided in chapter 38 of this title. Inspection standards for the motor vehicles shall be established by the administrator of the division of motor vehicles. Inspection stations shall be specially licensed to inspect motorcycles, motor scooters, and motor-driven cycles. Certificates of inspection for these vehicles shall be clearly distinguishable from those issued to other motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1967, ch. 27, § 1; P.L. 2002, ch. 292, § 105.

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        >>>>>>> origin/main 31-10.1-8. Anatomical gifts by operators.

        1. The division of motor vehicles, in conjunction with the federally designated organ and tissue procurement agency, shall develop and implement a program encouraging and allowing for persons to make anatomical gifts, during the process of issuing and renewing licenses provided for in § 31-10.1-1 . The division of motor vehicles shall give to all persons seeking the licenses, a document containing a summary description and explanation of the Anatomical Gift Act, chapter 18.6 of title 23. Any person wishing to donate tissue or organs under the provisions of chapter 18.6 of title 23 shall be included in the Rhode Island Donor Registry as defined by § 31-10-26.1(g) and issued a driver’s license or nonoperator’s identification card bearing a notation or symbol indicating the person’s consent to donate under the chapter and defining the term “qualified donee” as outlined in chapter 18.6 of title 23. The division of motor vehicles, in conjunction with the federally designated organ and tissue procurement agency, may on behalf of the state, accept and deposit with the general treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this section, and may expend the funds for these purposes.
        2. Application for monies to support these purposes will be made to the general treasurer by the division of motor vehicles, and/or the federally designated organ and tissue procurement agency.
        3. The division of motor vehicles may make and sign any agreements and may do and perform any and all acts necessary to carry out the purposes of this section.
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        >>>>>>> origin/main History of Section. P.L. 1989, ch. 246, § 1; P.L. 2003, ch. 392, § 2.

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        >>>>>>> origin/main 31-10.1-9. Recreational vehicles — Non-applicability. [Effective March 1, 2022.]

        The provisions of this chapter shall not apply to the operation of recreational vehicles, as defined in § 31-3.2-1 , including all classes of all-terrain vehicles; nor shall they authorize their registration by the division of motor vehicles.

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        >>>>>>> origin/main History of Section. P.L. 2021, ch. 412, § 2, effective March 1, 2022; P.L. 2021, ch. 413, § 2, effective March 1, 2022.

        Compiler's Notes.

        P.L. 2021, ch. 412, § 1, and P.L. 2021, ch. 413, § 1 enacted identical versions of this section.

        Delayed Effective Dates.

        P.L. 2021, ch. 412, § 3, provides that the enactment of this section by that act takes effect on March 1, 2022.

        P.L. 2021, ch. 413, § 3, provides that the enactment of this section by that act takes effect on March 1, 2022.

        Chapter 10.2 Voluntary Termination of Operators’ and Chauffeurs’ Licenses

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10.2-1. Purpose.

        The department of revenue, division of motor vehicles, presently lacks the authority to allow the voluntary termination of operators’ and chauffeurs’ licenses by an individual. It is the intent of this chapter to establish rules and regulations regarding the voluntary termination of operators’ and chauffeurs’ licenses in this state. Pursuant to §§ 31-2-4 , 42-35-3(b), and 42-35-4(b)(2), the department of revenue shall adopt and establish the following rules and regulations regarding voluntary termination of operators’ and chauffeurs’ licenses. Any and all regulations previously promulgated for this purpose are rescinded.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 342, § 1; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

        Compiler’s Notes.

        Section 42-35-3 , referred to in this section, was amended by P.L. 2016, ch. 203, § 2, and P.L. 2016, ch. 206, § 2, effective June 29, 2016. Comparable provisions are now found in chapter 35 of title 42.

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        >>>>>>> origin/main 31-10.2-2. Operators’ licenses.

        1. An individual may voluntarily terminate his or her operators’ license by tendering the license to the operator control section of the department of revenue, division of motor vehicles.
          1. Should an individual terminate his or her operators’ license, the individual may not reapply for a new operators’ license for a period of six (6) months from the date of the voluntary license termination.
          2. Before an individual may voluntarily terminate his or her license, the individual must sign an affidavit as established by the division of motor vehicles, notifying the individual of the consequences of voluntary license termination.
        2. Upon reapplication for an operators’ license following voluntary termination by an individual, the individual shall be required to take a written test and a road test, but shall not pay the required reinstatement fee as established by the operator control division before the granting of a new operators’ license.
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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 342, § 1; P.L. 2001, ch. 86, § 85; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

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        >>>>>>> origin/main 31-10.2-3. Chauffeur’s licenses.

        1. An individual may voluntarily terminate his or her chauffeur’s license by tendering the license to the operator control section of the department of revenue, division of motor vehicles.
          1. Should the individual terminate his or her chauffeur’s license, the individual may not reapply for a new chauffeur’s license for a period of one year from the date of the voluntary license termination.
          2. Before an individual may voluntarily terminate his or her license, the individual must sign an affidavit as established by the division of motor vehicles, notifying the individual of the consequences of voluntary license termination.
        2. Upon reapplication for a chauffeur’s license following voluntary termination by an individual, the individual shall be required to take a written test and a road test, but shall not pay the required reinstatement fee as established by the operator control division before the granting of a new chauffeur’s license.
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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 342, § 1; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

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        >>>>>>> origin/main 31-10.2-4. Severability.

        If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 342, § 1.

        Chapter 10.3 Rhode Island Uniform Commercial Driver’s License Act

        Part 1 General Provisions

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-10.3-1. Short title.

        This chapter shall be known as the “Uniform Classified and Commercial Driver’s License Act”.

        <<<<<<< HEAD

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-2. Statement of intent and purpose.

        1. The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (see now 49 U.S.C. § 31101 et seq.), as may be amended from time to time and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
          1. Permitting drivers to hold only one license;
          2. Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
          3. Strengthening commercial driver licensing and testing standards.
        2. It is the intent of this chapter to have an operator’s license serve as the base license to which classifications, endorsements, and restrictions can be added which may change the classification to a commercial or chauffeur’s license. If the person commits any offense which results in a withdrawal of the commercial license or privilege under this chapter and the offense would be cause for withdrawal of the base license or privilege, the department shall withdraw the commercial endorsements, restrictions, or classifications and for the required fee(s) issue an operator’s license or privilege.
        3. If any offense would cause withdrawal of the base license and commercial or chauffeur’s license but for different terms that person may be restored to the base license after the time specified in the applicable section(s) within this title upon payment of the required fee(s). If an offense is committed which, except for this chapter, causes a license or privilege withdrawal of a base license, it shall be cause for removing the commercial or chauffeur classification(s), restriction(s), and endorsement(s) or privileges to operate a commercial vehicle for the time specified in this title.
        4. This chapter is a remedial law which shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter shall prevail. Where this chapter is silent, the general driver licensing provisions shall apply. This chapter applies to every person who operates a commercial motor vehicle in interstate, foreign, or intrastate commerce and to all employers of these persons.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        31-10.3-3. Definitions.

        Notwithstanding any other provisions of title 31, the following definitions apply to this chapter unless the context requires otherwise:

          =======

          History of Section.

          P.L. 1990, ch. 176, § 1.

        31-10.3-2. Statement of intent and purpose.

        1. The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (see now 49 U.S.C. § 31101 et seq.), as may be amended from time to time and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
          1. Permitting drivers to hold only one license;
          2. Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
          3. Strengthening commercial driver licensing and testing standards.
        2. It is the intent of this chapter to have an operator’s license serve as the base license to which classifications, endorsements, and restrictions can be added which may change the classification to a commercial or chauffeur’s license. If the person commits any offense which results in a withdrawal of the commercial license or privilege under this chapter and the offense would be cause for withdrawal of the base license or privilege, the department shall withdraw the commercial endorsements, restrictions, or classifications and for the required fee(s) issue an operator’s license or privilege.
        3. If any offense would cause withdrawal of the base license and commercial or chauffeur’s license but for different terms that person may be restored to the base license after the time specified in the applicable section(s) within this title upon payment of the required fee(s). If an offense is committed which, except for this chapter, causes a license or privilege withdrawal of a base license, it shall be cause for removing the commercial or chauffeur classification(s), restriction(s), and endorsement(s) or privileges to operate a commercial vehicle for the time specified in this title.
        4. This chapter is a remedial law which shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter shall prevail. Where this chapter is silent, the general driver licensing provisions shall apply. This chapter applies to every person who operates a commercial motor vehicle in interstate, foreign, or intrastate commerce and to all employers of these persons.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        31-10.3-3. Definitions.

        Notwithstanding any other provisions of title 31, the following definitions apply to this chapter unless the context requires otherwise:

          >>>>>>> origin/main
        1. “Administrator” means the division of motor vehicles administrator, the chief executive of the division of motor vehicles, an agency within the department of revenue.
        2. “Alcohol or alcoholic beverage” means (a) beer as defined in 26 U.S.C. § 5052(a), of the Internal Revenue Code of 1954; (b) wine of not less than one-half of one percentum (0.5%) of alcohol by volume; or (c) distilled spirits as defined in section 5002(a)(8), of said code.
        3. “Base license” means the operator’s or driver’s license without any classifications, endorsements, or restrictions.
        4. “Bus” means every motor vehicle designed for carrying sixteen (16) or more passengers (including the driver).
        5. “Cancellation of driver’s license” means the annulment or termination by formal action of the department of a person’s driver’s license because of some error or defect in the license (or application) or because the licensee is no longer entitled to the license.
        6. “Certified commercial driving instructor” means any person who gives commercial driver training or who offers a course in driver training, and who is certified as such by the administrator.
        7. “Commerce” means:
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          1. Trade, traffic, and transportation within the jurisdiction of the United States within the state; between a place in a state and a place outside the state, including a place outside the United States; and
          2. =======
          3. Trade, traffic, and transportation within the jurisdiction of the United States within the state; between a place in a state and a place outside the state, including a place outside the United States; and
          4. >>>>>>> origin/main Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in paragraph (i) of this subdivision.
        8. “Commercial license” means a license issued by the department in accordance with the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. Part 383, as it may be revised from time to time, to an individual that authorizes the individual to operate a class of commercial motor vehicle.
        9. “Commercial motor vehicle” means a motor vehicle, or combination of vehicles, used to transport passengers or property if the motor vehicle:
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          1. Has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds, of a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;
          2. Is designed to transport sixteen (16) or more passengers, including the driver; or
          3. =======
          4. Has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds, of a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;
          5. Is designed to transport sixteen (16) or more passengers, including the driver; or
          6. >>>>>>> origin/main Is transporting hazardous materials as defined in this section.
        10. “Controlled substance” means any substance as classified under § 102(6) of the Controlled Substance Act (21 U.S.C. § 802(6)) and includes all substances as listed in schedules I through V of Part 1308 of Title 21 of the Code of Federal Regulations, referred to as 21 C.F.R. Part 1308 as they may be revised from time to time.
        11. “Conviction” means an unvacated adjudication of guilt or a determination that a person has violated, or failed to comply with, the law in a court of original jurisdiction, or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or violation of condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
        12. “Department” means the department of revenue acting directly or through its duly authorized officers and agents.
        13. “Disqualification” means withdrawal of the privilege to drive a commercial motor vehicle due to:
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          1. The suspension, revocation, or cancellation of a commercial driver’s license by the state or jurisdiction of issuance; or
          2. Any withdrawal of a person’s privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or
          3. =======
          4. The suspension, revocation, or cancellation of a commercial driver’s license by the state or jurisdiction of issuance; or
          5. Any withdrawal of a person’s privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or
          6. >>>>>>> origin/main A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Part 391 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 391, as they may be revised from time to time.
        14. “Driver’s license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways.
        15. “Employee” means any operator of a commercial motor vehicle, including full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.
        16. “Employer” means any person, including the United States, a state, or a political subdivision of a state, who or that owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle.
        17. “Farm tractors” means every motor vehicle designated and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
        18. “Fatality” means the death of a person as a result of motor vehicle accident.
        19. “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year and/or fine of one thousand dollars ($1,000) or more.
        20. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated). The GVWR of a combination (articulated) vehicle (commonly referred to as the “gross combination weight rating” or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units.
        21. “Hazardous materials” means any material that has been designated as hazardous under Part 172 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 172 or any quantity of a material listed as a select agent or toxin in Part 73 of Title 42 of the Code of Federal Regulations, referred to as 42 C.F.R. 73 as they may be revised from time to time.
        22. “Motor vehicle” means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used on highways; or any other vehicle required to be registered under the laws of this state; but does not include any vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail.
        23. “Operator’s license” means driver’s license.
        24. “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, and to and from school-sponsored events. School bus does not include a bus used as a common carrier.
        25. “Secretary” means the Secretary of Transportation of the United States.
        26. “Serious traffic violation” means a conviction when operating a commercial motor vehicle except weight, defect, and parking violations of:
            <<<<<<< HEAD
          1. Excessive speeding involving any single offense for any speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit;
          2. Reckless driving as defined by state or local law or regulation including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of person or property;
          3. Improper or erratic lane changes;
          4. Following the vehicle ahead too closely;
          5. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control;
          6. Operating a commercial motor vehicle without obtaining a commercial license;
          7. Operating a commercial motor vehicle without having his or her commercial license in his or her immediate possession; or
          8. Operating a commercial motor vehicle without possessing a commercial driver’s license containing the endorsements or classifications applicable to the type of vehicle being operated or for the passengers or type of cargo being transported; or
          9. =======
          10. Excessive speeding involving any single offense for any speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit;
          11. Reckless driving as defined by state or local law or regulation including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of person or property;
          12. Improper or erratic lane changes;
          13. Following the vehicle ahead too closely;
          14. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control;
          15. Operating a commercial motor vehicle without obtaining a commercial license;
          16. Operating a commercial motor vehicle without having his or her commercial license in his or her immediate possession; or
          17. Operating a commercial motor vehicle without possessing a commercial driver’s license containing the endorsements or classifications applicable to the type of vehicle being operated or for the passengers or type of cargo being transported; or
          18. >>>>>>> origin/main Operating a commercial motor vehicle while using a hand-held mobile telephone.
        27. “State” means a state of the United States and the District of Columbia.
        28. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in Part 171 of Title 49 of the Federal Hazardous Material Regulations, referred to as 49 C.F.R. 171 as they may be revised from time to time. However, this definition does not include portable tanks having a rated capacity under one thousand gallons (1,000 gals.).
        29. “Withdrawal” means any suspension, revocation, cancellation, disqualification, out-of-service of any license, privilege, endorsement, restriction, or classification of any license.
        <<<<<<< HEAD

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11; P.L. 2014, ch. 257, § 1; P.L. 2014, ch. 307, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 257, § 1, and P.L. 2014, ch. 307, § 1 enacted identical amendments to this section.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11; P.L. 2014, ch. 257, § 1; P.L. 2014, ch. 307, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 257, § 1, and P.L. 2014, ch. 307, § 1 enacted identical amendments to this section.

        Part 2 Administration by Department

        31-10.3-7. Administration by department.

        This chapter shall be administered by the department of revenue, division of motor vehicles.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

        >>>>>>> origin/main

        Part 2 Administration by Department

        <<<<<<< HEAD

        31-10.3-7. Administration by department.

        This chapter shall be administered by the department of revenue, division of motor vehicles.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

        31-10.3-8. Rulemaking authority.

        The administrator for motor vehicles, department of revenue, is authorized to adopt and enforce any rules and regulations that may be necessary to carry out the provisions of chapters 1 — 27 of this title and any other laws the enforcement and administration of which are vested in the division of motor vehicles, including rules and regulations concerning specialized testing and standards for operators of commercial vehicles. Any former member of the Armed Forces, including, but not limited to, the Rhode Island National Guard, who received a military license to drive heavy equipment, shall be exempt from taking a road test when applying for a commercial driver’s license for a similar class of commercial motor vehicle for which the applicant has been previously licensed by the military, if such applicant is deemed to be otherwise qualified pursuant to 49 CFR 383.77. Any member of an organized fire department, including volunteer members, who have five (5) years of driving experience of fire apparatus and who has completed a safety driving course, including a road test from a recognized agency shall, upon providing a letter from the fire chief of their fire department to the administrator of motor vehicles, be exempt from taking a road test when applying for a commercial drivers’ license for a similar class of commercial motor vehicle, provided the applicant is deemed otherwise qualified pursuant to 49 CFR 383.77.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2004, ch. 296, § 1; P.L. 2005, ch. 217, § 1; P.L. 2005, ch. 229, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

        31-10.3-9. Authority to enter into agreements.

        The administrator may enter into or make agreements, arrangements, policy(ies), or declarations to carry out the provisions of this chapter.

        History of Section. P.L. 1990, ch. 176, § 1.

        Part 3 Application, Examination and Issuance

        31-10.3-13. Requirements — Commercial.

        1. License required  — requirements. Every person applying for an original or renewal of a commercial license shall be required to comply with and be issued a commercial license meeting the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.) and the implementing regulations in 49 CFR 383 and 384, as may be amended from time to time.
        2. No person, except those expressly exempted in this chapter, shall drive any commercial motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being driven.
        3. No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of a vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being towed.
        4. No person shall receive a commercial license unless and until he or she surrenders to the department all valid licenses in his or her possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned to it, together with information that the person is licensed in this state. No person holding a commercial license shall be permitted to have more than one license at any time.
        5. Any person licensed as a commercial driver pursuant to this chapter may exercise that privilege granted upon all streets and highways in this state, and shall not be required to obtain any other license to exercise that privilege by any municipal, local board, or other body having authority to adopt local police regulations.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        31-10.3-14. Classes of licenses — Endorsements.

        1. The department, upon issuing a commercial license, shall indicate on the license the class or type of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements and any restrictions as defined by state regulation or 49 C.F.R. 383.
        2. The department shall establish any qualifications that it believes reasonably necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall determine by appropriate examination whether each applicant is qualified for the license classification, endorsement, or restriction for which application has been made.
        3. The department shall not issue a commercial license unless the applicant meets the following qualifications in addition to all other applicable qualifications adopted by policy or regulation:
          1. The applicant shall be at least twenty-one (21) years of age; except for intrastate operations, the applicant must be at least eighteen (18) years of age. This exception shall not apply to school bus drivers and drivers of placarded vehicles.
          2. The applicant shall not currently be under a license or privilege withdrawal in this or any other state, Mexico, or province of Canada.
          3. Within the three (3) years immediately preceding the application, the applicant shall not have committed any of the offenses for which license withdrawal is mandatory upon conviction and shall not have engaged in any conduct for which a license withdrawal may be implemented.
          4. The applicant shall not have been found to have committed a disqualifying offense under the Federal Commercial Motor Vehicle Safety Act of 1986 (now 49 U.S.C. § 31101 et seq.), as may be amended from time to time.
          5. The applicant shall certify in the license application that all of these qualifications have been met.
        4. The department shall not issue a tank endorsement unless the applicant, in addition to all other applicable qualifications, has been licensed for a vehicle or combination of vehicles covered by the license classification on which the tank endorsement shall be placed.
        5. The department shall not issue a school bus endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. Effective September 30, 2005, all school bus operators must have the “S” endorsement as defined under 49 Code of Federal Regulations § 383.153(a)(9)(vi) subject to endorsement and testing requirements set forth in 49 Code of Federal Regulations §§ 383.93 and 383.123. The administrator shall adopt regulations governing character, competency, and fitness.
        6. The department shall not issue a passenger endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. The administrator shall adopt regulations governing character, competency, and fitness.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 401, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2014, ch. 77, § 1; P.L. 2014, ch. 84, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 77, § 1, and P.L. 2014, ch. 84, § 1 enacted identical amendments to this section.

        31-10.3-15. Persons not eligible for licensing.

        1. The department shall not issue any license pursuant to this chapter:
          1. To any person, as a commercial driver, who is under the age of twenty-one (21) years; except for intrastate operations, the applicant must be at least eighteen (18) years of age. This exception shall not apply to school bus drivers and drivers of placarded vehicles.
          2. To any person whose license or privilege has been suspended, canceled, revoked or otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until the person has complied with all requirements for reinstatement.
          3. To any person who is a habitual drunkard, or is addicted to controlled substances.
          4. To any person who is required by this chapter to take an examination, unless the person shall have successfully passed the examination.
          5. To any person when the administrator has good cause based on clear and convincing evidence to believe that the person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) , and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highways. However, an insulin dependent person shall not automatically be denied a license. Each case shall be decided individually; certification by a physician that the person is being regularly monitored, that the person’s condition is stable and under control, and that the person is otherwise medically qualified to safely operate a motor vehicle shall be conclusive and a license strictly limited to intrastate use shall be issued. The license must clearly state on its face that the license is restricted to intrastate use only; provided, however, nothing contained in this section shall prohibit the issuance of an interstate license as long as all federal regulations are met.
          6. To any person who is required under the laws of this state to file or deposit proof of financial responsibility and who has not deposited that proof.
          7. To any person when, after a hearing, the administrator has good cause to conclude that the operation of a motor vehicle on the highways by the person is likely to pose an imminent safety risk to the general public by reason of the person’s past conduct in motor vehicle operation during the preceding two (2) year period. The hearing shall focus exclusively upon whether a declination to issue a license is necessary in order to protect public safety, relying upon findings of the circumstances under which each past motor vehicle offense was committed, the likelihood of recurrence, and the deterrent effect that might reasonably be expected from the declination.
        2. The department shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall refer to the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the department. Upon his or her request the department shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
        3. The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 401, § 1; P.L. 1997, ch. 349, § 1; P.L. 1998, ch. 89, § 3; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        31-10.3-16. Persons exempt from licensing.

        The following persons shall be exempt from the commercial licensing requirements under this chapter:

        1. Any active duty military personnel, members of the military reserves, members of the National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel while operating a motor vehicle for military purposes.
        2. Any person eighteen (18) years or older who satisfies the exemptions set forth in 49 CFR 391.67, as may from time to time be amended, while driving or operating any farm tractor, implement of husbandry temporarily operated or moved on a highway, or any farm vehicle, which would otherwise require the driver to be the holder of a commercial driver’s license, provided that said farm vehicle is under seventy-six thousand six hundred (76,600) lbs. registered weight and is not a truck- tractor, semi-trailer combination as defined by § 31-1-5(d) , and further provided that the farm vehicle is used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm.
        3. A nonresident who is at least twenty-one (21) years of age and who has in his or her immediate possession a valid license equivalent to a Rhode Island class license issued to him or her in his or her home state, or province of Canada, may operate a motor vehicle in this state of a comparable class.
        4. Firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.
        5. Any person operating a vehicle for personal or family use such as a motorized camper or travel trailer equipped with permanent living and sleeping facilities used for camping activities. Any furtherance of commercial or quasi-commercial enterprise shall lapse this exemption.
        6. A nonresident, who establishes residency in the state of Rhode Island, may operate a commercial vehicle in this state not to exceed thirty (30) days from the date of establishing that residency; provided, that the nonresident has in his or her immediate possession a valid commercial license issued by another state, or province of Canada.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 404, § 3; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        31-10.3-17. Repealed.

        History of Section. P.L. 1990, ch. 176, § 1; Repealed by P.L. 2000, ch. 109, § 63, effective July 7, 2000.

        Compiler’s Notes.

        Former § 31-10.3-17 concerned the validity of licenses held prior to the enactment of this chapter.

        31-10.3-18. Applications.

        1. Every application for a commercial license, change of endorsement, classification, or restriction shall be made upon a form furnished by the department. Every application shall be accompanied by a valid license and by the nonrefundable fee of ten dollars ($10.00). This application fee shall be used by the department to offset the costs of investigating the applicants.
        2. Every application shall state the full name, date of birth, sex, current mailing address, residential address, height, weight, hair and eye color, social security number, and whether the applicant’s license or privilege is withdrawn or whether an application has ever been refused, and if so, the date of and reason for the withdrawal or refusal. It shall also require the applicant to disclose any other names used in the past and any other information that the department may require to determine the applicant’s identity, competency, and eligibility. It shall be signed by the applicant under the penalties of perjury.
        3. Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request and accept a copy of the driver’s record in that jurisdiction with the same force and effect as though entered on the driver’s record in this state in the original instance.
        4. The provisions of § 11-18-1 shall apply to any person who falsely signs or attests the affidavit, under oath, required by this section. Any false attestation, knowingly made, shall also be punishable by suspension of the commercial license or privilege of that person for a period of not less than one year nor more than two (2) years; provided, that person shall be entitled to the rights and remedies established by § 31-11-15 .
        5. The medical examiner’s certificate or medical certification required prior to the issuance of a commercial driver’s license may be electronically transmitted to the division of motor vehicles by electronic means of transmission approved by the department of motor vehicles that shall be accessible through the department’s website by way of a menu item labeled “commercial driver’s license (CDL) medical certificate,” so long as the transmission is legible.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2018, ch. 17, § 1; P.L. 2018, ch. 19, § 1.

        Compiler’s Notes.

        P.L. 2018, ch. 17, § 1, and P.L. 2018, ch. 19, § 1 enacted identical amendments to this section.

        31-10.3-19. Examination of applicants.

        1. The department shall examine every applicant for a commercial license or learner’s permit. The examination shall include: (1) A test of the applicant’s eyesight to be administered according to standards set by the Federal Motor Carrier Regulations; (2) His or her ability to read English in understanding highway signs regulating, warning, and directing traffic; (3) His or her knowledge of the traffic laws of this state; and (4) Shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of vehicles of the type covered by the license classification, endorsement, or restrictions which the applicant is seeking. Each applicant shall successfully complete the skills test in the following order:
          1. Pre-trip inspection;
          2. Basic vehicle controls skills; and
          3. On-road skills.

            If an applicant fails one segment of the skills test, the applicant cannot continue to the next segment of the test; however, scores for the passed segments of the skills test shall remain valid and an applicant will not be required to retake the segments previously passed prior to expiration of the commercial learner’s permit. The examination may also include any further physical and mental examinations that the department deems necessary to determine the applicant’s fitness to safely operate a motor vehicle upon the highways.

        2. A nonresident, who establishes residence in the state of Rhode Island and makes application for a Rhode Island commercial license, shall not be required to demonstrate his or her ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration is needed; provided, that the nonresident surrenders a valid commercial license that was issued under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.); may be as amended from time to time by another state.
        3. The department shall be permitted to promulgate rules and regulations pertaining to third-party testing for the skills tests required for commercial driver’s licenses in accordance with 49 C.F.R. Part 383, as it may be revised from time to time.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        Compiler’s Notes.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted nearly identical amendments to this section.

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        31-10.3-20. Fees. [Effective until January 1, 2022.]

        The fees charged for commercial licenses, endorsements, classifications, restrictions, and required examinations shall be as follows:

        1. For every commercial operator’s first license, thirty dollars ($30.00);
        2. For every renewal of a commercial license, fifty dollars ($50.00);
        3. For every duplicate commercial license, ten dollars ($10.00);
        4. For every duplicate commercial learner’s permit, ten dollars ($10.00);
        5. For any change of:
          1. Classification(s), ten dollars ($10.00);
          2. Endorsement(s), ten dollars ($10.00);
          3. Restriction(s), ten dollars ($10.00);
        6. For every written and/or oral examination, ten dollars ($10.00);
        7. The Rhode Island board of education shall establish fees that are deemed necessary for the Community College of Rhode Island to administer the skill test, not to exceed one hundred dollars ($100);
        8. For every commercial learner’s permit, sixty dollars ($60.00).
        9. [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 219, § 1; P.L. 2011, ch. 151, art. 19, § 13; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        Compiler’s Notes.

        P.L. 2015, ch. 58, § 1, and P.L. 2015, ch. 63, § 1 enacted identical amendments to this section.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section. =======

        31-10.3-8. Rulemaking authority.

        The administrator for motor vehicles, department of revenue, is authorized to adopt and enforce any rules and regulations that may be necessary to carry out the provisions of chapters 1 — 27 of this title and any other laws the enforcement and administration of which are vested in the division of motor vehicles, including rules and regulations concerning specialized testing and standards for operators of commercial vehicles. Any former member of the Armed Forces, including, but not limited to, the Rhode Island National Guard, who received a military license to drive heavy equipment, shall be exempt from taking a road test when applying for a commercial driver’s license for a similar class of commercial motor vehicle for which the applicant has been previously licensed by the military, if such applicant is deemed to be otherwise qualified pursuant to 49 CFR 383.77. Any member of an organized fire department, including volunteer members, who have five (5) years of driving experience of fire apparatus and who has completed a safety driving course, including a road test from a recognized agency shall, upon providing a letter from the fire chief of their fire department to the administrator of motor vehicles, be exempt from taking a road test when applying for a commercial drivers’ license for a similar class of commercial motor vehicle, provided the applicant is deemed otherwise qualified pursuant to 49 CFR 383.77.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2004, ch. 296, § 1; P.L. 2005, ch. 217, § 1; P.L. 2005, ch. 229, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

        31-10.3-9. Authority to enter into agreements.

        The administrator may enter into or make agreements, arrangements, policy(ies), or declarations to carry out the provisions of this chapter.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        Part 3 Application, Examination and Issuance

        31-10.3-13. Requirements — Commercial.

        1. License required  — requirements. Every person applying for an original or renewal of a commercial license shall be required to comply with and be issued a commercial license meeting the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.) and the implementing regulations in 49 CFR 383 and 384, as may be amended from time to time.
        2. No person, except those expressly exempted in this chapter, shall drive any commercial motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being driven.
        3. No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of a vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being towed.
        4. No person shall receive a commercial license unless and until he or she surrenders to the department all valid licenses in his or her possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned to it, together with information that the person is licensed in this state. No person holding a commercial license shall be permitted to have more than one license at any time.
        5. Any person licensed as a commercial driver pursuant to this chapter may exercise that privilege granted upon all streets and highways in this state, and shall not be required to obtain any other license to exercise that privilege by any municipal, local board, or other body having authority to adopt local police regulations.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2. >>>>>>> origin/main

        31-10.3-14. Classes of licenses — Endorsements.

        1. The department, upon issuing a commercial license, shall indicate on the license the class or type of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements and any restrictions as defined by state regulation or 49 C.F.R. 383.
        2. The department shall establish any qualifications that it believes reasonably necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall determine by appropriate examination whether each applicant is qualified for the license classification, endorsement, or restriction for which application has been made.
        3. The department shall not issue a commercial license unless the applicant meets the following qualifications in addition to all other applicable qualifications adopted by policy or regulation:
          1. The applicant shall be at least twenty-one (21) years of age; except for intrastate operations, the applicant must be at least eighteen (18) years of age. This exception shall not apply to school bus drivers and drivers of placarded vehicles.
          2. The applicant shall not currently be under a license or privilege withdrawal in this or any other state, Mexico, or province of Canada.
          3. Within the three (3) years immediately preceding the application, the applicant shall not have committed any of the offenses for which license withdrawal is mandatory upon conviction and shall not have engaged in any conduct for which a license withdrawal may be implemented.
          4. The applicant shall not have been found to have committed a disqualifying offense under the Federal Commercial Motor Vehicle Safety Act of 1986 (now 49 U.S.C. § 31101 et seq.), as may be amended from time to time.
          5. The applicant shall certify in the license application that all of these qualifications have been met.
        4. The department shall not issue a tank endorsement unless the applicant, in addition to all other applicable qualifications, has been licensed for a vehicle or combination of vehicles covered by the license classification on which the tank endorsement shall be placed.
        5. The department shall not issue a school bus endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. Effective September 30, 2005, all school bus operators must have the “S” endorsement as defined under 49 Code of Federal Regulations § 383.153(a)(9)(vi) subject to endorsement and testing requirements set forth in 49 Code of Federal Regulations §§ 383.93 and 383.123. The administrator shall adopt regulations governing character, competency, and fitness.
        6. The department shall not issue a passenger endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. The administrator shall adopt regulations governing character, competency, and fitness.
        <<<<<<< HEAD

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020. =======

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 401, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2014, ch. 77, § 1; P.L. 2014, ch. 84, § 1. >>>>>>> origin/main

        31-10.3-20. Fees. [Effective January 1, 2022.]

        The fees charged for commercial licenses, endorsements, classifications, restrictions, and required examinations shall be as follows:

        1. For every commercial operator’s first license, thirty dollars ($30.00);
        2. For every renewal of a commercial license, fifty dollars ($50.00);
        3. For every duplicate commercial license, ten dollars ($10.00);
        4. For every duplicate commercial learner’s permit, ten dollars ($10.00);
        5. For any change of:
          1. Classification(s), ten dollars ($10.00);
          2. Endorsement(s), ten dollars ($10.00);
          3. Restriction(s), ten dollars ($10.00);
        6. For every written and/or oral examination, ten dollars ($10.00);
        7. For the division of motor vehicles to administer the skill test, one hundred dollars ($100);
        8. For every commercial learner’s permit, sixty dollars ($60.00).
        9. [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 219, § 1; P.L. 2011, ch. 151, art. 19, § 13; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1; P.L. 2021, ch. 162, art. 3, § 5, effective January 1, 2022.

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        Delayed Effective Dates.

        P.L. 2021, ch. 162, art. 3, § 13, provides that the amendment to this section by that act takes effect on January 1, 2022.

        =======

        Compiler’s Notes.

        P.L. 2014, ch. 77, § 1, and P.L. 2014, ch. 84, § 1 enacted identical amendments to this section.

        31-10.3-15. Persons not eligible for licensing.

        1. The department shall not issue any license pursuant to this chapter:
          1. To any person, as a commercial driver, who is under the age of twenty-one (21) years; except for intrastate operations, the applicant must be at least eighteen (18) years of age. This exception shall not apply to school bus drivers and drivers of placarded vehicles.
          2. To any person whose license or privilege has been suspended, canceled, revoked or otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until the person has complied with all requirements for reinstatement.
          3. To any person who is a habitual drunkard, or is addicted to controlled substances.
          4. To any person who is required by this chapter to take an examination, unless the person shall have successfully passed the examination.
          5. To any person when the administrator has good cause based on clear and convincing evidence to believe that the person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) , and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highways. However, an insulin dependent person shall not automatically be denied a license. Each case shall be decided individually; certification by a physician that the person is being regularly monitored, that the person’s condition is stable and under control, and that the person is otherwise medically qualified to safely operate a motor vehicle shall be conclusive and a license strictly limited to intrastate use shall be issued. The license must clearly state on its face that the license is restricted to intrastate use only; provided, however, nothing contained in this section shall prohibit the issuance of an interstate license as long as all federal regulations are met.
          6. To any person who is required under the laws of this state to file or deposit proof of financial responsibility and who has not deposited that proof.
          7. To any person when, after a hearing, the administrator has good cause to conclude that the operation of a motor vehicle on the highways by the person is likely to pose an imminent safety risk to the general public by reason of the person’s past conduct in motor vehicle operation during the preceding two (2) year period. The hearing shall focus exclusively upon whether a declination to issue a license is necessary in order to protect public safety, relying upon findings of the circumstances under which each past motor vehicle offense was committed, the likelihood of recurrence, and the deterrent effect that might reasonably be expected from the declination.
        2. The department shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall refer to the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the department. Upon his or her request the department shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
        3. The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 401, § 1; P.L. 1997, ch. 349, § 1; P.L. 1998, ch. 89, § 3; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        31-10.3-16. Persons exempt from licensing.

        The following persons shall be exempt from the commercial licensing requirements under this chapter:

        1. Any active duty military personnel, members of the military reserves, members of the National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel while operating a motor vehicle for military purposes.
        2. Any person eighteen (18) years or older who satisfies the exemptions set forth in 49 CFR 391.67, as may from time to time be amended, while driving or operating any farm tractor, implement of husbandry temporarily operated or moved on a highway, or any farm vehicle, which would otherwise require the driver to be the holder of a commercial driver’s license, provided that said farm vehicle is under seventy-six thousand six hundred (76,600) lbs. registered weight and is not a truck- tractor, semi-trailer combination as defined by § 31-1-5(d) , and further provided that the farm vehicle is used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm.
        3. A nonresident who is at least twenty-one (21) years of age and who has in his or her immediate possession a valid license equivalent to a Rhode Island class license issued to him or her in his or her home state, or province of Canada, may operate a motor vehicle in this state of a comparable class.
        4. Firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.
        5. Any person operating a vehicle for personal or family use such as a motorized camper or travel trailer equipped with permanent living and sleeping facilities used for camping activities. Any furtherance of commercial or quasi-commercial enterprise shall lapse this exemption.
        6. A nonresident, who establishes residency in the state of Rhode Island, may operate a commercial vehicle in this state not to exceed thirty (30) days from the date of establishing that residency; provided, that the nonresident has in his or her immediate possession a valid commercial license issued by another state, or province of Canada.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 404, § 3; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        31-10.3-17. Repealed.

        History of Section.

        P.L. 1990, ch. 176, § 1; Repealed by P.L. 2000, ch. 109, § 63, effective July 7, 2000.

        >>>>>>> origin/main

        31-10.3-21. Revenue.

        Revenue derived from the fees assessed in this chapter shall be deposited in general revenue.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 138, art. 85, § 3.

        31-10.3-22. Document security.

        The department shall use any process or processes in the issuance of licenses that will prohibit, as nearly as practicable, the ability to alter or reproduce the license or the ability to superimpose a photograph on the license without ready detection.

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-23. Expiration of licenses.

        Every commercial license issued by the department shall expire on the licensee’s birth date in the fifth year following the initial issuance, excluding commercial learner’s permits which shall expire one year from the date of initial issuance, and excluding a first issuance which shall expire on the licensee’s birth date in the second year following initial issuance.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main Compiler’s Notes.

        <<<<<<< HEAD P.L. 2015, ch. 58, § 1, and P.L. 2015, ch. 63, § 1 enacted identical amendments to this section.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        ======= Former § 31-10.3-17 concerned the validity of licenses held prior to the enactment of this chapter.

        31-10.3-18. Applications.

        1. Every application for a commercial license, change of endorsement, classification, or restriction shall be made upon a form furnished by the department. Every application shall be accompanied by a valid license and by the nonrefundable fee of ten dollars ($10.00). This application fee shall be used by the department to offset the costs of investigating the applicants.
        2. Every application shall state the full name, date of birth, sex, current mailing address, residential address, height, weight, hair and eye color, social security number, and whether the applicant’s license or privilege is withdrawn or whether an application has ever been refused, and if so, the date of and reason for the withdrawal or refusal. It shall also require the applicant to disclose any other names used in the past and any other information that the department may require to determine the applicant’s identity, competency, and eligibility. It shall be signed by the applicant under the penalties of perjury.
        3. Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request and accept a copy of the driver’s record in that jurisdiction with the same force and effect as though entered on the driver’s record in this state in the original instance.
        4. The provisions of § 11-18-1 shall apply to any person who falsely signs or attests the affidavit, under oath, required by this section. Any false attestation, knowingly made, shall also be punishable by suspension of the commercial license or privilege of that person for a period of not less than one year nor more than two (2) years; provided, that person shall be entitled to the rights and remedies established by § 31-11-15 .
        5. The medical examiner’s certificate or medical certification required prior to the issuance of a commercial driver’s license may be electronically transmitted to the division of motor vehicles by electronic means of transmission approved by the department of motor vehicles that shall be accessible through the department’s website by way of a menu item labeled “commercial driver’s license (CDL) medical certificate,” so long as the transmission is legible.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2018, ch. 17, § 1; P.L. 2018, ch. 19, § 1.

        Compiler’s Notes.

        P.L. 2018, ch. 17, § 1, and P.L. 2018, ch. 19, § 1 enacted identical amendments to this section.

        31-10.3-19. Examination of applicants.

        1. The department shall examine every applicant for a commercial license or learner’s permit. The examination shall include: (1) A test of the applicant’s eyesight to be administered according to standards set by the Federal Motor Carrier Regulations; (2) His or her ability to read English in understanding highway signs regulating, warning, and directing traffic; (3) His or her knowledge of the traffic laws of this state; and (4) Shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of vehicles of the type covered by the license classification, endorsement, or restrictions which the applicant is seeking. Each applicant shall successfully complete the skills test in the following order:
          1. Pre-trip inspection;
          2. Basic vehicle controls skills; and
          3. On-road skills.

            If an applicant fails one segment of the skills test, the applicant cannot continue to the next segment of the test; however, scores for the passed segments of the skills test shall remain valid and an applicant will not be required to retake the segments previously passed prior to expiration of the commercial learner’s permit. The examination may also include any further physical and mental examinations that the department deems necessary to determine the applicant’s fitness to safely operate a motor vehicle upon the highways.

        2. A nonresident, who establishes residence in the state of Rhode Island and makes application for a Rhode Island commercial license, shall not be required to demonstrate his or her ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration is needed; provided, that the nonresident surrenders a valid commercial license that was issued under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.); may be as amended from time to time by another state.
        3. The department shall be permitted to promulgate rules and regulations pertaining to third-party testing for the skills tests required for commercial driver’s licenses in accordance with 49 C.F.R. Part 383, as it may be revised from time to time.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        >>>>>>> origin/main

        31-10.3-24. Renewals.

        Every commercial license shall be renewable as early as forty-five (45) days before its expiration upon application, payment of all required fees, and satisfactory completion of any examination required by federal or state law or regulation.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2018, ch. 174, § 1.

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        Effective Dates.

        P.L. 2018, ch. 174, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        =======

        Compiler’s Notes.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted nearly identical amendments to this section.

        >>>>>>> origin/main

        31-10.3-25. Existing commercial drivers.

        The department shall be permitted to promulgate rules and regulations pertaining to requirements authorizing the division of motor vehicles to issue newly established commercial license classification(s), endorsement(s), or restriction(s) to current licensees. The rules and regulations shall comply with the federal regulations or standards relative to existing commercial drivers.

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-26. License to be carried and exhibited on demand.

        Every licensee shall have his or her commercial license or permit in his or her immediate possession at all times when operating a motor vehicle and shall display the license or permit upon demand of any peace officer or officer of the division of motor vehicles, and shall, upon request by any proper officer, write his or her name in the presence of that officer for the purpose of being identified.

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-27. Limitation on number of driver’s licenses.

        No person holding a commercial license, who operates a motor vehicle, shall have more than one license from any jurisdiction.

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-28. Notification required by employee.

        1. Notification of violations.
          1. To state.  Any person holding a commercial license issued by this state, who is convicted of violating, in any type of motor vehicle, any federal law, state law, or local ordinance relating to motor vehicles in this state, any other state or province of Canada, other than parking violations, shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction.
          2. To employers.  Any person holding a commercial license issued by this state, who is convicted of violating any, in any type of motor vehicles, federal law, state law, or local ordinance relating to motor vehicles in this state, any other state or province of Canada, other than parking violations, shall notify his or her employer, in writing, of the conviction within thirty (30) days of the date of conviction.
        2. Notification of suspensions, revocations, and cancellations.  Each person whose license is suspended, revoked, cancelled or otherwise withdrawn by this state or who loses the privilege to operate a motor vehicle in any state or province of Canada for any period, shall notify his or her employer of that fact before the end of the business day following the day the employee received notice of that fact. The employee shall also notify the division of motor vehicles in all cases of out-of-state and province of Canada suspensions, revocations, cancellations, or any withdrawal within seven (7) days of any those actions.
        3. Notification of previous employment.
          1. Any person who has applied to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
            1. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle.
            2. The dates between which the applicant drove for each employer.
            3. The reason for leaving that employer.
          2. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information as deemed necessary.

        History of Section. P.L. 1990, ch. 176, § 1.

        31-10.3-29. Employer responsibilities.

        No employer shall knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States or province of Canada during any period:

        1. In which the employee has more than one license;
        2. Prior to obtaining, on a written application, the information specified in § 31-10.3-28(c) ;
        3. When the employee’s license is suspended, revoked, cancelled, or otherwise withdrawn;
        4. During any period in which the driver, or the commercial motor vehicle he or she is driving, or the motor carrier operator, is subject to an out-of-service order; or
        5. In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2003, ch. 161, § 1; P.L. 2003, ch. 171, § 1.

        31-10.3-30. Commercial driver’s license required.

        1. Except when operating under a commercial learner’s permit and accompanied by the holder of a commercial license valid for the vehicle being operated, no person shall operate a commercial motor vehicle unless the person has been issued a valid commercial driver’s license containing the endorsements, classifications, or restrictions applicable to the type of vehicle being operated.
        2. No person shall be issued a commercial driver’s license until he or she has passed a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has satisfied all other federal requirements as well as any other requirements imposed by state law subject to the provisions of § 31-10.3-19(a) . The tests shall be prescribed and conducted by the department or a third party designated by the department.
        3. A commercial license may be issued only to a person who operates, or who intends to operate, commercial motor vehicles and who is domiciled in this state.
        4. A commercial license shall not be issued to a person during a period in which that person is disqualified from operating a commercial motor vehicle or while that person’s license is suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor shall a commercial driver’s license be issued to a person who has a license issued by any other state unless the person first surrenders the commercial driver’s license issued by the other state, which license shall be returned to the issuing state for cancellation.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

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        Compiler’s Notes.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section. =======

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020. >>>>>>> origin/main

        31-10.3-20. Fees. [Effective until January 1, 2022.]

        The fees charged for commercial licenses, endorsements, classifications, restrictions, and required examinations shall be as follows:

        1. For every commercial operator’s first license, thirty dollars ($30.00);
        2. For every renewal of a commercial license, fifty dollars ($50.00);
        3. For every duplicate commercial license, ten dollars ($10.00);
        4. For every duplicate commercial learner’s permit, ten dollars ($10.00);
        5. For any change of:
          1. Classification(s), ten dollars ($10.00);
          2. Endorsement(s), ten dollars ($10.00);
          3. Restriction(s), ten dollars ($10.00);
        6. For every written and/or oral examination, ten dollars ($10.00);
        7. The Rhode Island board of education shall establish fees that are deemed necessary for the Community College of Rhode Island to administer the skill test, not to exceed one hundred dollars ($100);
        8. For every commercial learner’s permit, sixty dollars ($60.00).
        9. [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].
        <<<<<<< HEAD

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        31-10.3-31. Violations — Penalties.

        1. It shall be illegal for any person driving any commercial motor vehicle as defined in this chapter to operate or control that vehicle while under the influence of alcohol, drugs, toluene, or any other substance as defined in chapter 28 of title 21. For the purpose of this chapter, any person who drives, operates, or exercises physical control of a commercial motor vehicle while having a blood alcohol concentration of four-one-hundredths of one percent (.04%) or greater by weight, as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of the offense of driving while under the influence of liquor or drugs.
          1. Notwithstanding any other provision of this chapter, it shall be illegal for any person to drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system.
          2. The administrator shall suspend, for at least one year, a commercial motor vehicle operator’s license or privilege who is found to have committed a first violation of:
            1. Driving a commercial motor vehicle under the influence of alcohol or controlled substances;
            2. Driving a commercial motor vehicle while the alcohol concentration in the person’s blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;
            3. Leaving the scene of an accident involving a commercial motor vehicle driven by the person;
            4. Using a commercial motor vehicle in the commission of a felony;
            5. Refusing to submit to a chemical analysis of breath, blood, or urine while operating a commercial vehicle.
          3. If the operator commits any of these violations while carrying hazardous materials requiring placards under federal/state regulations, the revocation shall be for a period of not less than three (3) years.
          4. The administrator shall revoke for life, which may be reduced to a period of at least ten (10) years in accordance with department of revenue regulations, a commercial motor vehicle operator’s license or privilege who is found to have committed a second violation of: (i) Driving a commercial motor vehicle under the influence of alcohol or controlled substances; (ii) Driving a commercial motor vehicle while the alcohol concentration in the person’s blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater; (iii) Knowingly and willfully leaving the scene of an accident involving a commercial motor vehicle driven by the person; (iv) Using a commercial motor vehicle in the commission of a felony;

            (v) Refusing to submit to a chemical analysis of breath, blood, and/or urine while in a commercial motor vehicle.

          5. The administrator shall revoke for life the commercial motor vehicle operator’s license or privilege of any person who is found to have used a commercial motor vehicle in the manufacture, distribution, or dispensing of a controlled substance or the possession with intent to distribute, manufacture, or dispense a controlled substance.
          6. The administrator shall suspend the commercial motor vehicle operator’s license or privilege for a period of not less than sixty (60) days of each person who, in a three (3) year period, has committed two (2) serious traffic violations involving a commercial motor vehicle, and for not less than one hundred twenty (120) days of each person who has committed three (3) or more serious traffic violations in a three (3) year period.
          7. Any person violating subsection (a) of this section shall, upon conviction, be subject to the fines, penalties, and assessments enumerated in § 31-27-2 for driving under the influence of liquor or drugs; except for the provision of license or privilege suspension of which the license shall be withdrawn in accordance with this chapter.
        3. Any person violating § 31-10.3-26 , relating to the license to be carried and exhibited on demand, shall, upon conviction, be fined not less than fifty dollars ($50.00). For a second or subsequent conviction there shall be imposed a fine of not less than one hundred dollars ($100), and his or her commercial license or privilege shall be withdrawn for a period of one month.
        4. Any person violating § 31-27-1 , relating to driving so as to endanger resulting in death, or § 31-27-1.1 , relating to driving so as to endanger, resulting in personal injury, shall, upon conviction, have his or her commercial license or privilege revoked for a period of one year. With respect to violations of §§ 31-27-1 and 31-27-1.1 , the commercial penalties shall only apply while the operator is operating a commercial vehicle; should the operator be operating a passenger vehicle, passenger penalties shall apply under §§ 31-27-1 and 31-27-1.1.
        5. Any person violating § 31-10.3-27 , relating to the limitation on the number of driver licenses, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than twenty-five hundred dollars ($2,500), and any commercial license shall be cancelled immediately.
        6. Any person violating § 31-10.3-28 , relating to notification required by the employee, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
        7. Any person violating § 31-10.3-29 , relating to employer responsibilities, shall, upon conviction be fined not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500).
        8. Any person violating subdivision (b)(1) of this section, relating to violations and penalties, shall immediately cease operating any commercial vehicle for a period of twenty-four (24) hours. Failure to do so shall result in a commercial license or privilege revocation for a period of three (3) months and a fine of one hundred fifty dollars ($150).
        9. Any person violating § 31-10.3-30 , relating to the requirement of a commercial driver’s license, shall, upon conviction of a first offense, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000); and, upon conviction of a second or subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). The person’s commercial license or privilege shall be revoked for a period of at least one year but not more than five (5) years.
        10. The administrator may, after notice and hearing suspend a school bus driver’s certificate or privilege to obtain a certificate for a period of up to five (5) years from the date of adjudication or conviction of the following:
          1. Any motor vehicle driving offense committed by a school bus driver while operating a self-propelled vehicle and which is a criminal offense in the state of Rhode Island or which, if committed outside the state, would be considered a criminal offense if committed in the state of Rhode Island;
          2. Any alcohol or drug-related motor vehicle driving offense referred to in this section and committed by a school bus operator who is operating a self-propelled vehicle.
          1. “Out-of-Service Order” means a declaration by the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a federal, state, Commonwealth of Puerto Rico, Canadian, Mexican or local jurisdiction that a driver of a commercial motor vehicle, a commercial motor vehicle or a motor carrier operation is out-of-service, pursuant to the Federal Motor Carrier Safety Regulations contained in 49 CFR Parts 383, as amended, or pursuant to comparable laws, or the North American Uniform Out-of-Service criteria.
          2. The term “disqualified” means the withdrawal of a person’s privilege to drive a commercial motor vehicle.
          3. Any person who violates an out-of-service order shall be disqualified as follows except as provided in subdivision (4) of this subsection:
            1. A person shall be disqualified from driving a commercial motor vehicle for a period of ninety (90) days if convicted of a first violation of an out-of-service order.
            2. A person shall be disqualified for a period of one year if convicted of a second violation of an out-of-service order during any ten (10) year period arising from separate incidents.
            3. A person shall be disqualified for a period of three (3) years if convicted of a third or subsequent violation of an out-of-service order during any ten (10) year period arising from separate incidents.
          4. Any person who violates an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen (16) or more passengers including the driver shall be disqualified as follows:

            (i) A person shall be disqualified for a period of one hundred eighty (180) days if convicted of a first violation of an out-of-service order.

            (ii) A person shall be disqualified for a period of three (3) years if convicted of a second or subsequent violation of an out-of-service order during any ten (10) year period arising from separate incidents.

          5. Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty of one thousand one hundred dollars ($1,100) in addition to disqualification under this subsection.
          6. Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of two thousand seven hundred fifty dollars ($2,750).
        12. Disqualification for railroad-highway grade crossing violation.
          1. General rule.  A driver who is convicted of operating a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to one of the following six (6) offenses at a railroad-highway grade crossing must be disqualified for the period of time specified in subsection (l)(2) of this section:
            1. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
            2. For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
            3. For drivers who are always required to stop, failing to stop before driving onto the crossing;
            4. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
            5. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing;
            6. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
          2. Duration of disqualification for railroad-highway grade crossing violation. (i) First violation. A driver must be disqualified for not less than sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation. (ii) Second violation. A driver must be disqualified for not less than one hundred twenty (120) days if, during any three (3) year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents. (iii) Third or subsequent violation. A driver must be disqualified for not less than one year if, during any three (3) year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
          3. Special penalties pertaining to railroad-highway grade crossing violations. An employer who is convicted of a violation of § 31-10.3-29(5) is subject to a civil penalty of not more than ten thousand dollars ($10,000).
        13. Any person shall be subject to disqualification for a conviction of operating a commercial motor vehicle when the operator’s license is suspended, revoked, or cancelled or the operator is otherwise disqualified based on prior motor vehicle convictions.
        14. Any person shall be subject to disqualification in accordance with 49 CFR 383.51(b), (c), (d) and (e).
        15. The administrator shall disqualify, for up to one year, the commercial motor vehicle operator’s license or driving privilege of an operator whose driving constitutes an imminent hazard.
          1. For the purposes of this section, “imminent hazard” means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
        16. After issuing a disqualification for a period of thirty (30) days or less, the administrator may provide the driver an opportunity for a hearing, and must provide the driver notice of a proposed disqualification period of more than thirty (30) days and an opportunity for a hearing to present a defense to the proposed disqualification.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 1997, ch. 36, § 1; P.L. 1997, ch. 43, § 1; P.L. 2003, ch. 161, § 1; P.L. 2003, ch. 171, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        31-10.3-32. Contents and issuance of commercial driver’s license.

        1. The commercial driver’s license shall be, to the maximum extent practicable, tamper-proof and shall include, but not be limited to, the following information:
          1. The full legal name and current legal residential or mailing address of the licensee.
          2. A physical description of the licensee, including sex, height, weight, hair, and eye color.
          3. The licensee’s date of birth and any other identifier deemed appropriate by the department.
          4. The class(es) of commercial motor vehicle or vehicles which the licensee is authorized to operate.
          5. Any restrictions which may apply to the license or licensee.
          6. Endorsements under which the licensee is authorized to operate a commercial motor vehicle.
          7. The date of issuance and expiration of the license.
          8. Whether the license is an original or duplicate.
          9. Organ donor information.
          10. Color photograph of the licensee.
          11. The signature of the licensee.
          12. A prominent statement indicating that the license is a “commercial driver’s license” which may be abbreviated “CDL”.
          13. Any other information deemed appropriate by the administrator.
        2. Before issuing a commercial driver’s license, the department shall notify the Commercial Driver’s License Information System (C.D.L.I.S.) of the proposed issuance of the license and provide the information required to ensure identification of the licensee. The department shall also request all information pertaining to the driving record of the licensee from any other state or province of Canada which has issued a driver’s license to the licensee over the prior ten (10) year period and from the National Driver Register.
        3. Within ten (10) days after issuing a commercial driver’s license, the department shall notify the commercial driver’s license information system of that fact and provide all information required to ensure identification of the licensee.
        4. The department shall maintain copies of all documents including, but not limited to, the application, commercial driver’s license issued, and any other documents pertaining to the licensee.

        History of Section. P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 322, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 219, § 1; P.L. 2011, ch. 151, art. 19, § 13; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        Compiler’s Notes.

        P.L. 2015, ch. 58, § 1, and P.L. 2015, ch. 63, § 1 enacted identical amendments to this section.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        31-10.3-20. Fees. [Effective January 1, 2022.]

        The fees charged for commercial licenses, endorsements, classifications, restrictions, and required examinations shall be as follows:

        1. For every commercial operator’s first license, thirty dollars ($30.00);
        2. For every renewal of a commercial license, fifty dollars ($50.00);
        3. For every duplicate commercial license, ten dollars ($10.00);
        4. For every duplicate commercial learner’s permit, ten dollars ($10.00);
        5. For any change of:
          1. Classification(s), ten dollars ($10.00);
          2. Endorsement(s), ten dollars ($10.00);
          3. Restriction(s), ten dollars ($10.00);
        6. For every written and/or oral examination, ten dollars ($10.00);
        7. For the division of motor vehicles to administer the skill test, one hundred dollars ($100);
        8. For every commercial learner’s permit, sixty dollars ($60.00).
        9. [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 219, § 1; P.L. 2011, ch. 151, art. 19, § 13; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1; P.L. 2021, ch. 162, art. 3, § 5, effective January 1, 2022.

        Delayed Effective Dates.

        P.L. 2021, ch. 162, art. 3, § 13, provides that the amendment to this section by that act takes effect on January 1, 2022.

        31-10.3-21. Revenue.

        Revenue derived from the fees assessed in this chapter shall be deposited in general revenue.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 138, art. 85, § 3.

        31-10.3-22. Document security.

        The department shall use any process or processes in the issuance of licenses that will prohibit, as nearly as practicable, the ability to alter or reproduce the license or the ability to superimpose a photograph on the license without ready detection.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        31-10.3-23. Expiration of licenses.

        Every commercial license issued by the department shall expire on the licensee’s birth date in the fifth year following the initial issuance, excluding commercial learner’s permits which shall expire one year from the date of initial issuance, and excluding a first issuance which shall expire on the licensee’s birth date in the second year following initial issuance.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2015, ch. 58, § 1; P.L. 2015, ch. 63, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        Compiler’s Notes.

        P.L. 2015, ch. 58, § 1, and P.L. 2015, ch. 63, § 1 enacted identical amendments to this section.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        31-10.3-24. Renewals.

        Every commercial license shall be renewable as early as forty-five (45) days before its expiration upon application, payment of all required fees, and satisfactory completion of any examination required by federal or state law or regulation.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2018, ch. 174, § 1.

        Effective Dates.

        P.L. 2018, ch. 174, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        31-10.3-25. Existing commercial drivers.

        The department shall be permitted to promulgate rules and regulations pertaining to requirements authorizing the division of motor vehicles to issue newly established commercial license classification(s), endorsement(s), or restriction(s) to current licensees. The rules and regulations shall comply with the federal regulations or standards relative to existing commercial drivers.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        31-10.3-26. License to be carried and exhibited on demand.

        Every licensee shall have his or her commercial license or permit in his or her immediate possession at all times when operating a motor vehicle and shall display the license or permit upon demand of any peace officer or officer of the division of motor vehicles, and shall, upon request by any proper officer, write his or her name in the presence of that officer for the purpose of being identified.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        31-10.3-27. Limitation on number of driver’s licenses.

        No person holding a commercial license, who operates a motor vehicle, shall have more than one license from any jurisdiction.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        31-10.3-28. Notification required by employee.

        1. Notification of violations.
          1. To state.  Any person holding a commercial license issued by this state, who is convicted of violating, in any type of motor vehicle, any federal law, state law, or local ordinance relating to motor vehicles in this state, any other state or province of Canada, other than parking violations, shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction.
          2. To employers.  Any person holding a commercial license issued by this state, who is convicted of violating any, in any type of motor vehicles, federal law, state law, or local ordinance relating to motor vehicles in this state, any other state or province of Canada, other than parking violations, shall notify his or her employer, in writing, of the conviction within thirty (30) days of the date of conviction.
        2. Notification of suspensions, revocations, and cancellations.  Each person whose license is suspended, revoked, cancelled or otherwise withdrawn by this state or who loses the privilege to operate a motor vehicle in any state or province of Canada for any period, shall notify his or her employer of that fact before the end of the business day following the day the employee received notice of that fact. The employee shall also notify the division of motor vehicles in all cases of out-of-state and province of Canada suspensions, revocations, cancellations, or any withdrawal within seven (7) days of any those actions.
        3. Notification of previous employment.
          1. Any person who has applied to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
            1. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle.
            2. The dates between which the applicant drove for each employer.
            3. The reason for leaving that employer.
          2. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information as deemed necessary.

        History of Section.

        P.L. 1990, ch. 176, § 1.

        31-10.3-29. Employer responsibilities.

        No employer shall knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States or province of Canada during any period:

        1. In which the employee has more than one license;
        2. Prior to obtaining, on a written application, the information specified in § 31-10.3-28(c) ;
        3. When the employee’s license is suspended, revoked, cancelled, or otherwise withdrawn;
        4. During any period in which the driver, or the commercial motor vehicle he or she is driving, or the motor carrier operator, is subject to an out-of-service order; or
        5. In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2003, ch. 161, § 1; P.L. 2003, ch. 171, § 1.

        31-10.3-30. Commercial driver’s license required.

        1. Except when operating under a commercial learner’s permit and accompanied by the holder of a commercial license valid for the vehicle being operated, no person shall operate a commercial motor vehicle unless the person has been issued a valid commercial driver’s license containing the endorsements, classifications, or restrictions applicable to the type of vehicle being operated.
        2. No person shall be issued a commercial driver’s license until he or she has passed a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has satisfied all other federal requirements as well as any other requirements imposed by state law subject to the provisions of § 31-10.3-19(a) . The tests shall be prescribed and conducted by the department or a third party designated by the department.
        3. A commercial license may be issued only to a person who operates, or who intends to operate, commercial motor vehicles and who is domiciled in this state.
        4. A commercial license shall not be issued to a person during a period in which that person is disqualified from operating a commercial motor vehicle or while that person’s license is suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor shall a commercial driver’s license be issued to a person who has a license issued by any other state unless the person first surrenders the commercial driver’s license issued by the other state, which license shall be returned to the issuing state for cancellation.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2019, ch. 49, § 1; P.L. 2019, ch. 75, § 1.

        Compiler’s Notes.

        P.L. 2019, ch. 49, § 1, and P.L. 2019, ch. 75, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2019, ch. 49, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        P.L. 2019, ch. 75, § 2, provides that the amendment to this section by that act takes effect on January 1, 2020.

        31-10.3-31. Violations — Penalties.

        1. It shall be illegal for any person driving any commercial motor vehicle as defined in this chapter to operate or control that vehicle while under the influence of alcohol, drugs, toluene, or any other substance as defined in chapter 28 of title 21. For the purpose of this chapter, any person who drives, operates, or exercises physical control of a commercial motor vehicle while having a blood alcohol concentration of four-one-hundredths of one percent (.04%) or greater by weight, as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of the offense of driving while under the influence of liquor or drugs.
          1. Notwithstanding any other provision of this chapter, it shall be illegal for any person to drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system.
          2. The administrator shall suspend, for at least one year, a commercial motor vehicle operator’s license or privilege who is found to have committed a first violation of:
            1. Driving a commercial motor vehicle under the influence of alcohol or controlled substances;
            2. Driving a commercial motor vehicle while the alcohol concentration in the person’s blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;
            3. Leaving the scene of an accident involving a commercial motor vehicle driven by the person;
            4. Using a commercial motor vehicle in the commission of a felony;
            5. Refusing to submit to a chemical analysis of breath, blood, or urine while operating a commercial vehicle.
          3. If the operator commits any of these violations while carrying hazardous materials requiring placards under federal/state regulations, the revocation shall be for a period of not less than three (3) years.
          4. The administrator shall revoke for life, which may be reduced to a period of at least ten (10) years in accordance with department of revenue regulations, a commercial motor vehicle operator’s license or privilege who is found to have committed a second violation of:
            1. Driving a commercial motor vehicle under the influence of alcohol or controlled substances;
            2. Driving a commercial motor vehicle while the alcohol concentration in the person’s blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;
            3. Knowingly and willfully leaving the scene of an accident involving a commercial motor vehicle driven by the person;
            4. Using a commercial motor vehicle in the commission of a felony;
            5. Refusing to submit to a chemical analysis of breath, blood, and/or urine while in a commercial motor vehicle.
          5. The administrator shall revoke for life the commercial motor vehicle operator’s license or privilege of any person who is found to have used a commercial motor vehicle in the manufacture, distribution, or dispensing of a controlled substance or the possession with intent to distribute, manufacture, or dispense a controlled substance.
          6. The administrator shall suspend the commercial motor vehicle operator’s license or privilege for a period of not less than sixty (60) days of each person who, in a three (3) year period, has committed two (2) serious traffic violations involving a commercial motor vehicle, and for not less than one hundred twenty (120) days of each person who has committed three (3) or more serious traffic violations in a three (3) year period.
          7. Any person violating subsection (a) of this section shall, upon conviction, be subject to the fines, penalties, and assessments enumerated in § 31-27-2 for driving under the influence of liquor or drugs; except for the provision of license or privilege suspension of which the license shall be withdrawn in accordance with this chapter.
        3. Any person violating § 31-10.3-26 , relating to the license to be carried and exhibited on demand, shall, upon conviction, be fined not less than fifty dollars ($50.00). For a second or subsequent conviction there shall be imposed a fine of not less than one hundred dollars ($100), and his or her commercial license or privilege shall be withdrawn for a period of one month.
        4. Any person violating § 31-27-1 , relating to driving so as to endanger resulting in death, or § 31-27-1.1 , relating to driving so as to endanger, resulting in personal injury, shall, upon conviction, have his or her commercial license or privilege revoked for a period of one year. With respect to violations of §§ 31-27-1 and 31-27-1.1 , the commercial penalties shall only apply while the operator is operating a commercial vehicle; should the operator be operating a passenger vehicle, passenger penalties shall apply under §§ 31-27-1 and 31-27-1.1 .
        5. Any person violating § 31-10.3-27 , relating to the limitation on the number of driver licenses, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than twenty-five hundred dollars ($2,500), and any commercial license shall be cancelled immediately.
        6. Any person violating § 31-10.3-28 , relating to notification required by the employee, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
        7. Any person violating § 31-10.3-29 , relating to employer responsibilities, shall, upon conviction be fined not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500).
        8. Any person violating subdivision (b)(1) of this section, relating to violations and penalties, shall immediately cease operating any commercial vehicle for a period of twenty-four (24) hours. Failure to do so shall result in a commercial license or privilege revocation for a period of three (3) months and a fine of one hundred fifty dollars ($150).
        9. Any person violating § 31-10.3-30 , relating to the requirement of a commercial driver’s license, shall, upon conviction of a first offense, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000); and, upon conviction of a second or subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). The person’s commercial license or privilege shall be revoked for a period of at least one year but not more than five (5) years.
        10. The administrator may, after notice and hearing suspend a school bus driver’s certificate or privilege to obtain a certificate for a period of up to five (5) years from the date of adjudication or conviction of the following:
          1. Any motor vehicle driving offense committed by a school bus driver while operating a self-propelled vehicle and which is a criminal offense in the state of Rhode Island or which, if committed outside the state, would be considered a criminal offense if committed in the state of Rhode Island;
          2. Any alcohol or drug-related motor vehicle driving offense referred to in this section and committed by a school bus operator who is operating a self-propelled vehicle.
          1. “Out-of-Service Order” means a declaration by the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a federal, state, Commonwealth of Puerto Rico, Canadian, Mexican or local jurisdiction that a driver of a commercial motor vehicle, a commercial motor vehicle or a motor carrier operation is out-of-service, pursuant to the Federal Motor Carrier Safety Regulations contained in 49 CFR Parts 383, as amended, or pursuant to comparable laws, or the North American Uniform Out-of-Service criteria.
          2. The term “disqualified” means the withdrawal of a person’s privilege to drive a commercial motor vehicle.
          3. Any person who violates an out-of-service order shall be disqualified as follows except as provided in subdivision (4) of this subsection:
            1. A person shall be disqualified from driving a commercial motor vehicle for a period of ninety (90) days if convicted of a first violation of an out-of-service order.
            2. A person shall be disqualified for a period of one year if convicted of a second violation of an out-of-service order during any ten (10) year period arising from separate incidents.
            3. A person shall be disqualified for a period of three (3) years if convicted of a third or subsequent violation of an out-of-service order during any ten (10) year period arising from separate incidents.
          4. Any person who violates an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen (16) or more passengers including the driver shall be disqualified as follows:
            1. A person shall be disqualified for a period of one hundred eighty (180) days if convicted of a first violation of an out-of-service order.
            2. A person shall be disqualified for a period of three (3) years if convicted of a second or subsequent violation of an out-of-service order during any ten (10) year period arising from separate incidents.
          5. Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty of one thousand one hundred dollars ($1,100) in addition to disqualification under this subsection.
          6. Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of two thousand seven hundred fifty dollars ($2,750).
        12. Disqualification for railroad-highway grade crossing violation.
          1. General rule.  A driver who is convicted of operating a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to one of the following six (6) offenses at a railroad-highway grade crossing must be disqualified for the period of time specified in subsection (l)(2) of this section:
            1. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
            2. For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
            3. For drivers who are always required to stop, failing to stop before driving onto the crossing;
            4. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
            5. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing;
            6. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
          2. Duration of disqualification for railroad-highway grade crossing violation.
            1. First violation.  A driver must be disqualified for not less than sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
            2. Second violation.  A driver must be disqualified for not less than one hundred twenty (120) days if, during any three (3) year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents.
            3. Third or subsequent violation.  A driver must be disqualified for not less than one year if, during any three (3) year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
          3. Special penalties pertaining to railroad-highway grade crossing violations. An employer who is convicted of a violation of § 31-10.3-29(5) is subject to a civil penalty of not more than ten thousand dollars ($10,000).
        13. Any person shall be subject to disqualification for a conviction of operating a commercial motor vehicle when the operator’s license is suspended, revoked, or cancelled or the operator is otherwise disqualified based on prior motor vehicle convictions.
        14. Any person shall be subject to disqualification in accordance with 49 CFR 383.51(b), (c), (d) and (e).
        15. The administrator shall disqualify, for up to one year, the commercial motor vehicle operator’s license or driving privilege of an operator whose driving constitutes an imminent hazard.
          1. For the purposes of this section, “imminent hazard” means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
        16. After issuing a disqualification for a period of thirty (30) days or less, the administrator may provide the driver an opportunity for a hearing, and must provide the driver notice of a proposed disqualification period of more than thirty (30) days and an opportunity for a hearing to present a defense to the proposed disqualification.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 1997, ch. 36, § 1; P.L. 1997, ch. 43, § 1; P.L. 2003, ch. 161, § 1; P.L. 2003, ch. 171, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        31-10.3-32. Contents and issuance of commercial driver’s license.

        1. The commercial driver’s license shall be, to the maximum extent practicable, tamper-proof and shall include, but not be limited to, the following information:
          1. The full legal name and current legal residential or mailing address of the licensee.
          2. A physical description of the licensee, including sex, height, weight, hair, and eye color.
          3. The licensee’s date of birth and any other identifier deemed appropriate by the department.
          4. The class(es) of commercial motor vehicle or vehicles which the licensee is authorized to operate.
          5. Any restrictions which may apply to the license or licensee.
          6. Endorsements under which the licensee is authorized to operate a commercial motor vehicle.
          7. The date of issuance and expiration of the license.
          8. Whether the license is an original or duplicate.
          9. Organ donor information.
          10. Color photograph of the licensee.
          11. The signature of the licensee.
          12. A prominent statement indicating that the license is a “commercial driver’s license” which may be abbreviated “CDL”.
          13. Any other information deemed appropriate by the administrator.
        2. Before issuing a commercial driver’s license, the department shall notify the Commercial Driver’s License Information System (C.D.L.I.S.) of the proposed issuance of the license and provide the information required to ensure identification of the licensee. The department shall also request all information pertaining to the driving record of the licensee from any other state or province of Canada which has issued a driver’s license to the licensee over the prior ten (10) year period and from the National Driver Register.
        3. Within ten (10) days after issuing a commercial driver’s license, the department shall notify the commercial driver’s license information system of that fact and provide all information required to ensure identification of the licensee.
        4. The department shall maintain copies of all documents including, but not limited to, the application, commercial driver’s license issued, and any other documents pertaining to the licensee.

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 322, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

        >>>>>>> origin/main 31-10.3-33. Notification of traffic violations.

        1. Every clerk of the courts within the state of Rhode Island shall, within ten (10) days after receiving a report of the conviction of any resident or nonresident holder of a commercial driver’s license of any violation of state law, federal law, or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, notify the division of motor vehicles and the licensing authority of the offender and the offense committed.
        2. This notice shall contain: <<<<<<< HEAD
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              >>>>>>> origin/main
            1. The name and residence address of the driver.
            2. The date of birth of the driver.
            3. The social security number and the license number of the driver and the state of issuance.
            4. The violation of which the driver was convicted.
            5. An indication that the person was operating a commercial motor vehicle.
            6. The amount of any jail time, fine, costs, or conditions assessed for the violation.
            7. The name of the court and city or county in which the conviction occurred.
          1. The administrator shall notify the issuing state of any revocation, suspension, cancellation or disqualification of an out-of-state commercial driver’s license holder’s privilege to operate a commercial motor vehicle for at least sixty (60) days. Notification shall be made no later than ten (10) days after disqualifying, revoking, canceling or suspending the out-of-state commercial driver’s license holder’s privilege to drive a commercial motor vehicle. Notification shall include the disqualification and the violation which resulted in the disqualification, revocation, suspension or cancellation. This information shall be recorded on the driver’s record.
          <<<<<<< HEAD

          History of Section. P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 322, § 1; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1; P.L. 2002, ch. 322, § 1; P.L. 2009, ch. 297, § 1; P.L. 2009, ch. 298, § 1.

        >>>>>>> origin/main 31-10.3-34. Abstracts of driver records.

        The administrator shall, upon request, furnish a certified abstract of the record of any commercial operator on file fully designating the record of all convictions or adjudications of the commercial operator of any violations of the provisions of this chapter and the record of all the commercial operator’s involvement(s) in accidents required to be reported pursuant to the provisions of this chapter. If the commercial operator shall have no record, the administrator shall so certify. The administrator shall collect for each certificate the sum required in § 31-2-10 ; provided, that if the request for a certificate is made by any governmental agency, bureau, or department for use in its official capacity, the administrator shall collect no fee. The requirement of this section that the certificate be certified shall make the certificate admissible as legal evidence in any legal proceeding whether criminal or civil. The administrator shall also provide on the certificate the person’s license number, date of birth, name, social security number, endorsements, classifications, and/or restrictions, and any other information deemed necessary by the administrator.

        <<<<<<< HEAD

        History of Section. P.L. 1990, ch. 176, § 1.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1.

        >>>>>>> origin/main 31-10.3-35. Unlawful use of commercial license.

        This section shall be governed under § 31-11-6 .

        <<<<<<< HEAD

        History of Section. P.L. 1990, ch. 176, § 1.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1.

        >>>>>>> origin/main 31-10.3-36. Manufacture of commercial license — Unauthorized.

        1. It shall be a felony for any person: <<<<<<< HEAD
            =======
              >>>>>>> origin/main
            1. To photograph, photostat, duplicate, or in any way reproduce any driver’s license or facsimile of a license in any manner that it could be mistaken for a valid license;
            2. To issue, sell, or cause to be sold a commercial license or facsimile of a license unless sold in compliance with the provision of this chapter, and unless authorized to do so by the administrator.
          1. Any person violating subsection (a) of this section shall be punished by imprisonment for not less than one year nor more than five (5) years, and there may be imposed an additional fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and suspension of license or privileges for a period of not less than one year nor more than five (5) years, or a period of suspension commensurate with the sentence imposed.
          <<<<<<< HEAD

          History of Section. P.L. 1990, ch. 176, § 1.

        =======

        History of Section.

        P.L. 1990, ch. 176, § 1.

        >>>>>>> origin/main 31-10.3-37. Prohibition on masking convictions.

        No representative of the district court or traffic tribunal may utilize the provisions of §§ 12-10-12 , 12-18-3 or through any other programs, mask, defer imposition of judgment or allow an individual to enter a diversion program that would prevent a CDL driver’s conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in the state where the driver is licensed or in another state.

        <<<<<<< HEAD

        History of Section. P.L. 2005, ch. 77, § 3; P.L. 2005, ch. 82, § 3.

        =======

        History of Section.

        P.L. 2005, ch. 77, § 3; P.L. 2005, ch. 82, § 3.

        >>>>>>> origin/main 31-10.3-38. Prohibition on use of hand-held mobile telephones while driving a commercial motor vehicle.

        1. Definitions.  For the purpose of this section only: <<<<<<< HEAD
            =======
              >>>>>>> origin/main
            1. “Driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic-control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
            2. “Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in Part 20.3 of Title 47 of the Code of Federal Regulations, referred to as 47 C.F.R. 20.3. It does not include two-way or citizens band radio services.
            3. “Use a hand-held mobile telephone” means:
                <<<<<<< HEAD
              1. Using at least one hand to hold a mobile telephone to conduct a voice communication;
              2. Dialing or answering a mobile telephone by pressing more than a single button; or
              3. =======
              4. Using at least one hand to hold a mobile telephone to conduct a voice communication;
              5. Dialing or answering a mobile telephone by pressing more than a single button; or
              6. >>>>>>> origin/main Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with Part 393.93 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 393.93, and adjusted in accordance with the vehicle manufacturer’s instructions.
            1. No driver shall use a hand-held mobile telephone while driving a commercial motor vehicle.
            2. No motor carrier shall allow, or require its drivers to use, a hand-held mobile telephone while driving a commercial motor vehicle.
          2. Emergency exception.  Using a hand-held mobile telephone is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
          <<<<<<< HEAD

          History of Section. P.L. 2014, ch. 257, § 2; P.L. 2014, ch. 307, § 2.

          =======

          History of Section.

          P.L. 2014, ch. 257, § 2; P.L. 2014, ch. 307, § 2.

          >>>>>>> origin/main Compiler’s Notes.

          P.L. 2014, ch. 257, § 2, and P.L. 2014, ch. 307, § 2 enacted identical versions of this section.

          <<<<<<< HEAD ======= >>>>>>> origin/main

        Chapter 11 Suspension or Revocation of Licenses — Violations

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-1. Authority of division of motor vehicles to cancel license.

        1. The division of motor vehicles is authorized to cancel any operator’s or chauffeur’s license upon determining that the licensee was not entitled to its issuance pursuant to this title or that the licensee failed to give the required or correct information in his or her application, or committed any fraud in making the application.
        2. Upon the cancellation, the licensee must surrender the cancelled license to the division of motor vehicles.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 1; G.L. 1956, § 31-11-1 0; G.L. 1956, § 31-11-1 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 1; G.L. 1956, § 31-11-10 ; G.L. 1956, § 31-11-1 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Suspension or revocation of licenses:

        Conn. Gen. Stat. §§ 14-111, 14-111b.

        Mass. Ann. Laws ch. 90, §§ 22 and 22A.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        False Statement.

        Where the operator’s statement in affidavit on application for duplicate operator’s license certificate that the original certificate had been “lost” was false, the cancellation of the certificate issued thereon was proper. Young v. Lussier, 90 R.I. 116 , 157 A.2d 116 (1960).

        =======
        False Statement.

        Where the operator’s statement in affidavit on application for duplicate operator’s license certificate that the original certificate had been “lost” was false, the cancellation of the certificate issued thereon was proper. Young v. Lussier, 90 R.I. 116 , 157 A.2d 116 (1960).

        >>>>>>> origin/main

        Collateral References.

        Notice and hearing before revocation of driver’s license, necessity and sufficiency of. 60 A.L.R.3d 350.

        Revocation of license, validity, construction, and application of statute or ordinance relating to. 71 A.L.R. 616; 108 A.L.R. 1162; 125 A.L.R. 1459.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-2. Driving privileges of nonresidents.

        1. The privilege of driving a motor vehicle on the highways of this state given to a nonresident pursuant to this title shall be subject to suspension or revocation by the division of motor vehicles in the same manner and for the same cause as an operator’s or chauffeur’s license issued pursuant to this title may be suspended or revoked.
        2. The division of motor vehicles is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state where the convicted person is a resident.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 2; G.L. 1956, § 31-11-11 ; G.L. 1956, § 31-11-2 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 2; G.L. 1956, § 31-11-11 ; G.L. 1956, § 31-11-2 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-3. Resident’s conviction in another state.

        The division of motor vehicles is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of an offense in that state which, if committed in this state, would be grounds for the suspension or revocation of the license of an operator or chauffeur.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 3; G.L. 1956, § 31-11-13 ; P.L. 1959, (s. s.), ch. 190, § 3; G.L. 1956, § 31-11-3 ; P.L. 1962, ch. 204 § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 3; G.L. 1956, § 31-11-13 ; P.L. 1959, (s. s.), ch. 190, § 3; G.L. 1956, § 31-11-3 ; P.L. 1962, ch. 204 § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        The provisions of R.I. Const., art. 1, § 10 have no application to administrative proceedings under the provisions of this section. Beaudoin v. Petit, 122 R.I. 469 , 409 A.2d 536, 1979 R.I. LEXIS 1563 (1979).

        Evidence of Conviction.

        A photostatic copy of a uniform traffic ticket issued to a driver who forfeited a bond rather than appear in court to answer charges in another state, fell short of the necessary quantum of evidence to establish a conviction sufficient to authorize the suspension of the driver’s license for negligent driving based on conviction of the operation of a motor vehicle while under the influence of intoxicating liquor in the other state. Frazier v. Petit, 509 A.2d 998, 1986 R.I. LEXIS 484 (R.I. 1986).

        Photostatic copy of a conviction for driving while intoxicated in New Hampshire, which contained the signature of the director of the New Hampshire division of motor vehicles and had been transmitted to the Rhode Island division of motor vehicles by the state of New Hampshire in accordance with the Interstate Driver License Compact, provided adequate notice of a foreign conviction to support suspension of a Rhode Island driver’s license. DePasquale v. Harrington, 599 A.2d 314, 1991 R.I. LEXIS 156 (R.I. 1991).

        Hearing.

        Under this section and § 31-11-7(a)(7), a licensee is to be afforded a postsuspension hearing within 20 days of receipt by the registry of the request therefor, and the hearing is to focus exclusively upon whether such suspension is necessary in order to protect public safety and welfare, relying upon its findings of the circumstances under which the offense was committed, the likelihood of recurrence and the deterrent effect that might reasonably be expected therefrom. Taft v. Pare, 536 A.2d 888, 1988 R.I. LEXIS 10 (R.I. 1988).

        Relation to Other Statutes.

        The fact that § 31-11-6(3) , which applies to motorists convicted within the state, permits the judge to determine the period of revocation does not prevent the registry from revoking a license of one convicted in another state although no judge determined the period of revocation. Beaudoin v. Petit, 122 R.I. 469 , 409 A.2d 536, 1979 R.I. LEXIS 1563 (1979).

        Requisites of Order.

        Order for revocation of license under the provisions of this section was not fatally defective for failure to cite the statutory authority where findings of fact were sufficient to sustain the revocation. Beaudoin v. Petit, 122 R.I. 469 , 409 A.2d 536, 1979 R.I. LEXIS 1563 (1979).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-4. Seizure of license in possession of unauthorized person.

        The license certificate issued under chapter 10 of this title is nontransferable, and if found in the possession of any person other than the licensee may be seized immediately by any proper officer and shall be returned by the officer immediately to the division of motor vehicles. The seized license certificate shall immediately expire.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-16 ; G.L. 1956, § 31-11-4 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-16 ; G.L. 1956, § 31-11-4 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-5. Abstracts of court records — Recommendations of judge.

        A full record shall be kept by every court in this state of every case in which a person is charged with violation of any provision of this title, or any act relative to motor vehicles, or to the operation of the vehicles. An abstract of the record shall be sent by the court to the division of motor vehicles within ten (10) days of the time when the case is disposed of. The abstract shall be made upon forms prepared by the division of motor vehicles and shall include all necessary information as to the parties to the cause, the nature of the offense, the date of the hearing, the plea, the decision, the judgment, and the result, and every abstract shall be certified by the clerk of the court. The division of motor vehicles shall keep the records and they shall be open to the public inspection during the business hours of the division of motor vehicles. The judge of any court in the state may, in his or her discretion, or upon the request of the division of motor vehicles or its agents, furnish to the division of motor vehicles the details of cases which have been heard before the court; and the judge may make an order to the division of motor vehicles as to the suspension of the license of the defendant in cases as he or she may deem necessary. The order shall be binding on the division of motor vehicles.

        History of Section. P.L. 1950, ch. 2595, art. 16, § 4; G.L. 1956, § 31-11-14 ; G.L. 1956, § 31-11-5 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 494, § 3.

        <<<<<<< HEAD

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 4; G.L. 1956, § 31-11-14 ; G.L. 1956, § 31-11-5 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 494, § 3.

        >>>>>>> origin/main Cross References.

        Abstract of court records with respect to motor vehicles, § 31-27-12.3 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-6. Offenses resulting in mandatory revocation of license.

        The license of any chauffeur or operator shall be immediately revoked upon receipt by the division of motor vehicles of a record of the operator’s or chauffeur’s final conviction for any of the following offenses and the term of revocation shall be for the periods enumerated:

        1. Manslaughter resulting from the operation of a motor vehicle, or operating so as to endanger resulting in death, three (3) years;
        2. Driving a motor vehicle while under the influence of a narcotic drug as defined in chapter 28 of title 21, which renders him or her incapable of safely driving a motor vehicle, one year;
        3. Driving a motor vehicle while under the influence of intoxicating liquor, the period of time, if any, as may be ordered in the final sentence imposed by a court having jurisdiction to impose the sentence;
        4. Any felony in the commission of which a motor vehicle is used, eighteen (18) months;
        5. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another, two (2) years;
        6. Perjury or the making of a false affidavit or statement under oath to the division of motor vehicles under any other law relating to the ownership or operation of motor vehicles, two (2) years;
        7. Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months, three (3) years;
        8. Conviction of altered or fraudulent license used to purchase or attempt to purchase alcoholic beverages, three (3) months.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 5; G.L. 1956, § 31-11-15 ; G.L. 1956, § 31-11-6 ; P.L. 1962, ch. 204, § 1; P.L. 1965, ch. 180, § 1; P.L. 1974, ch. 120, § 1; P.L. 1980, ch. 321, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 5; G.L. 1956, § 31-11-15 ; G.L. 1956, § 31-11-6 ; P.L. 1962, ch. 204, § 1; P.L. 1965, ch. 180, § 1; P.L. 1974, ch. 120, § 1; P.L. 1980, ch. 321, § 2.

        >>>>>>> origin/main

        Cross References.

        Driving under the influence, § 31-27-2 .

        Failure to stop and render aid, § 31-26-1 .

        Manslaughter, § 11-23-3 .

        Operating so as to endanger, § 31-27-1 .

        Proof of financial responsibility required prior to renewal of registration after suspension, § 31-32-5 .

        Reckless driving, § 31-27-4 .

        Suspension or revocation of registration of vehicle upon suspension or revocation of operator’s or chauffeur’s license, § 31-32-4 .

        Collateral References.

        Conviction, what amounts to, within statute making it grounds for refusing or canceling license. 113 A.L.R. 1179.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-7. Authority of division of motor vehicles to suspend license.

          1. The division of motor vehicles is authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
            1. Has been adjudicated by a court of competent jurisdiction to have:
                <<<<<<< HEAD
              1. Committed an offense for which mandatory revocation or suspension of license is required upon conviction or adjudication;
              2. Committed with such frequency of offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
              3. Been a reckless or negligent driver of a motor vehicle;
              4. Permitted an unlawful or fraudulent use of a license;
              5. Committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation;
              6. =======
              7. Committed an offense for which mandatory revocation or suspension of license is required upon conviction or adjudication;
              8. Committed with such frequency of offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
              9. Been a reckless or negligent driver of a motor vehicle;
              10. Permitted an unlawful or fraudulent use of a license;
              11. Committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation;
              12. >>>>>>> origin/main Committed any offense enumerated in § 31-9-1 ;
            2. Is the subject of an order issued pursuant to § 14-1-67 ; or
            3. Poses an imminent safety risk to the general public as determined by the application of objectively ascertainable standards.
          2. Except for paragraph (1)(ii) of this subsection, the suspension shall be for any length of time, not exceeding one year, that the division of motor vehicles shall determine is necessary in order to protect public safety based upon its findings of the circumstances under which the offense was committed, the likelihood of recurrence, and the deterrent effect that might reasonably be expected to result from the hardship a suspension or prospective suspension would entail. Any license suspended pursuant to paragraph (1)(ii) of this subsection shall be for the length of time set forth in the court order.
        2. Upon suspending the license of any person as authorized by subsection (a) of this section, the division of motor vehicles shall immediately notify the licensee in writing of the factual and legal basis for the suspension, the procedure for requesting a hearing, and the rights afforded the individual pursuant to subsections (d) — (f) of this section. When physical or mental fitness is the basis for the suspension determination, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the division of motor vehicles. Upon his or her request the division of motor vehicles shall afford the licensee an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
        3. Except as authorized in subsection (a) of this section, whenever the division of motor vehicles proposes to suspend the license of any person, the division of motor vehicles shall afford a hearing to the licensee prior to suspending the person’s license. When a licensee requests a hearing, no action to suspend his or her license shall be taken until a hearing decision has been rendered in accordance with subsections (d) — (f) of this section. The division of motor vehicles shall notify the licensee in writing of the factual and legal basis for the proposed suspension, the procedure for requesting a hearing, and the rights afforded the individual pursuant to subsections (d) — (f) of this section. When physical or mental fitness is the basis for the suspension recommendation, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the division of motor vehicles.
        4. The division of motor vehicles shall ensure that the hearing procedures afforded pursuant to subsection (b) and (c) of this section provide for: (1) an in person hearing before an impartial decision-maker; (2) the opportunity to compel the production of documents and witnesses, including members of the division of motor vehicles ’s Medical Advisory Board; (3) the opportunity to confront and cross-examine witnesses; (4) access to all of the evidence upon which the division of motor vehicles relied in making its determination to suspend; and (5) the right to present any and all relevant evidence including the right to obtain and present the results of a recently administered road test. During any hearing, the division of motor vehicles shall bear the burden of proof as to the existence of the grounds for the suspension. The division of motor vehicles shall further ensure that during a hearing to determine the physical or mental fitness of a licensee, proof of the lack of physical or mental fitness shall be by clear and convincing evidence. The presumption of inability to operate a motor vehicle with safety established by the functional standards promulgated pursuant to § 31-10-44(b) , shall be rebuttable by evidence that notwithstanding an individual’s functional limitation, he or she is able to safely operate a motor vehicle.
        5. For the purpose of the hearing procedures described in subsection (d) of this section, the administrator of the division of motor vehicles or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.
        6. After the hearing conducted pursuant to subsection (d) of this section, the division of motor vehicles shall issue a written decision based solely on the evidence adduced at the hearing and containing the legal and factual basis for the determination. The division of motor vehicles may either rescind its order of suspension, determine suspension is not warranted; may continue, modify, or extend the suspension of the license; or may revoke the license.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, §§ 31-11-17 , 31-11-21 ; P.L. 1959 (s.s.), ch. 190, § 4; G.L. 1956, § 31-11-7 ; P.L. 1962, ch. 204, § 1; P.L. 1983, ch. 229, § 1; P.L. 1984, ch. 196, § 3; P.L. 1986, ch. 494, § 3; P.L. 1998, ch. 89, § 4.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, §§ 31-11-17 , 31-11-21 ; P.L. 1959 (s.s.), ch. 190, § 4; G.L. 1956, § 31-11-7 ; P.L. 1962, ch. 204, § 1; P.L. 1983, ch. 229, § 1; P.L. 1984, ch. 196, § 3; P.L. 1986, ch. 494, § 3; P.L. 1998, ch. 89, § 4.

        >>>>>>> origin/main

        Cross References.

        Proof of financial responsibility required prior to renewal of registration after suspension, § 31-32-5 .

        Suspension of license for failure to pay fine, § 31-11-25 .

        Suspension of license, minor having intoxicating beverage in vehicle, § 3-8-9 .

        Suspension or revocation of registration of vehicle upon suspension or revocation of operator’s or chauffeur’s license, § 31-32-4 .

        NOTES TO DECISIONS

        Constitutionality.

        Former subsection (a)(2), which allowed the registry to suspend a driver’s license without a preliminary hearing simply because the driver has been involved in an accident involving the injury or death of another person, was unconstitutional. Given the registry’s wide discretion under this statute, due process would appear to require that the driver, at minimum, have an opportunity for a hearing before a license may be suspended. Fitzpatrick v. Pare, 568 A.2d 1012, 1990 R.I. LEXIS 14 (R.I. 1990).

        Appeal.

        The fact that a district court judge improperly treated a case as a financial-responsibility appeal under former § 31-31-2 , rather than an appeal from a suspension for reckless driving under this section, did not require reversal of the suspension, where the hearing officer properly affirmed the original suspension in light of the defendant’s failure to present mitigating evidence, and the district court’s denial of an appeal was correct. Fitch v. Department of Transp. Div. of Motor Vehicles, 535 A.2d 314, 1988 R.I. LEXIS 3 (R.I. 1988).

        The record in a case involving the suspension of the chauffeur’s license of a schoolbus driver is remanded to the district court where a neurologist’s examination report requires clarification in resolving the critical issue of whether the driver’s return to work poses a hazard to the safety of her passengers and/or the general public. Costa v. Registrar of Motor Vehicles, 543 A.2d 1307, 1988 R.I. LEXIS 92 (R.I. 1988).

        Commission of Crime.

        License could be revoked under previous law for commission of a crime of such nature as to show a deliberate disregard of the criminal law, even though the crime was not related to the ownership or operation of a vehicle. Glass v. State Bd. of Pub. Roads, 44 R.I. 54 , 115 A. 244, 1921 R.I. LEXIS 48 (1921).

        Hearing.

        Although compliance with strict rules of evidence was not required in hearing under previous law, substantial compliance with fundamental procedural rules was required and revocation of license was required to be supported by legal evidence sufficient to prove the charge by a fair preponderance. Glass v. State Bd. of Pub. Roads, 44 R.I. 54 , 115 A. 244, 1921 R.I. LEXIS 48 (1921).

        Former statute permitting suspension of license without hearing did not violate U.S. Const., Amend. XIV, or <<<<<<< HEAD R.I. Const., art. I, § 10 ======= R.I. Const., art. I, § 10 >>>>>>> origin/main , where adequate provision was made for judicial review. La Plante v. State Bd. of Pub. Rds., 47 R.I. 258 , 131 A. 641 (1926), disapproved, Berberian v. Lussier, 87 R.I. 226 , 139 A.2d 869, 1958 R.I. LEXIS 45 (1958).

        Under § 31-11-3 and subsection (a)(7) (now (a)(1)(v)) of this section, a licensee is to be afforded a postsuspension hearing within 20 days of receipt by the registry of the request therefor, and the hearing is to focus exclusively upon whether such suspension is necessary in order to protect public safety and welfare, relying upon its findings of the circumstances under which the offense was committed, the likelihood of recurrence and the deterrent effect that might reasonably be expected therefrom. Taft v. Pare, 536 A.2d 888, 1988 R.I. LEXIS 10 (R.I. 1988).

        A license-suspension proceeding is an administrative hearing, not a criminal trial. DePasquale v. Harrington, 599 A.2d 314, 1991 R.I. LEXIS 156 (R.I. 1991).

        — Evidence.

        The hearing officer at a hearing to suspend a license pursuant to former subsection (a)(2), permitting suspension when the driver has been in an accident involving injury or death to another person, need not apply strict rules of evidence when determining what evidence he or she will consider. Craig v. Pare, 497 A.2d 316, 1985 R.I. LEXIS 581 (R.I. 1985).

        The common-law rules of evidence determine the admissibility of accident reports in administrative hearings regarding the suspension of driver’s licenses held prior to May 14, 1981. Craig v. Pare, 497 A.2d 316, 1985 R.I. LEXIS 581 (R.I. 1985).

        The registry’s possession of the record of the district court’s acceptance of a defendant’s nolo contendere plea to a reckless-driving charge was sufficient statutory authority to suspend his license. Fitch v. Department of Transp. Div. of Motor Vehicles, 535 A.2d 314, 1988 R.I. LEXIS 3 (R.I. 1988).

        Meaning of Terms.

        The language in subsection (a)(6) (now (a)(1)(iv)) “such license” modifies the language in subsection (a) “the license of an operator”, making clear that the prohibited act is permitting a fraudulent use of one’s own license. McGowan v. DOT, Div. of Motor Vehicles, 687 A.2d 449, 1997 R.I. LEXIS 7 (R.I. 1997).

        Offense in Another State.
        <<<<<<< HEAD
        =======
        >>>>>>> origin/main — Proof.

        A photostatic copy of a uniform traffic ticket issued to a driver who forfeited a bond rather than appear in court to answer charges in another state fell short of the necessary quantum of evidence to establish a conviction sufficient to authorize the suspension of the driver’s license for negligent driving based on conviction of the operation of a motor vehicle while under the influence of intoxicating liquor in the other state. Frazier v. Petit, 509 A.2d 998, 1986 R.I. LEXIS 484 (R.I. 1986).

        Photostatic copy of a conviction for driving while intoxicated in New Hampshire, which contained the signature of the director of the New Hampshire division of motor vehicles and had been transmitted to the Rhode Island division of motor vehicles by the state of New Hampshire in accordance with the Interstate Driver License Compact, provided adequate notice of a foreign conviction to support suspension of a Rhode Island driver’s license. DePasquale v. Harrington, 599 A.2d 314, 1991 R.I. LEXIS 156 (R.I. 1991).

        Refusal to Submit to Chemical Test.

        Suspension of an operator’s license under § 31-11-7(a)(1) (now (a)(1)(i)) could not be enjoined on the ground of the alleged unconstitutionality of § 31-27-2.1 . King v. Williamson, 103 R.I. 640 , 240 A.2d 408, 1968 R.I. LEXIS 843 (1968).

        Collateral References.

        Automobiles: necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 7 A.L.R.5th 73.

        Denial, suspension, or cancellation of driver’s license because of physical disease or defect. 38 A.L.R.3d 452.

        Regulations establishing a “point system” as regards suspension or revocation of license of operator or motor vehicle. 5 A.L.R.3d 690.

        Validity and construction of legislation authorizing revocation or suspension of operator’s license for “habitual”, “persistent”, or “frequent” violations of traffic regulations. 9 A.L.R.3d 756; 48 A.L.R.4th 367.

        Validity of statute or regulation authorizing revocation or suspension of driver’s license for reason unrelated to use of or ability to operate motor vehicle. 86 A.L.R.3d 251.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-11-8. Recommendation of court — Violation of § 31-27-4.

        1. The division of motor vehicles shall suspend or revoke the license of a juvenile to operate a motor vehicle whenever the family court shall recommend the suspension or revocation, for any period of time as shall be recommended by the family court.
        2. The license of any chauffeur or operator of a motor vehicle shall be suspended by the division of motor vehicles for a period fixed by any court of the state, not exceeding six (6) months, after final conviction for willfully evading or attempting to evade an order to stop by a uniformed police officer operating a marked police vehicle, as provided in § 31-27-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1959 (s.s.), ch. 190, § 8; G.L. 1956, § 31-11-27; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-11-8 ; P.L. 1972, ch. 247, § 1.

        =======

        History of Section.

        P.L. 1959 (s.s.), ch. 190, § 8; G.L. 1956, § 31-11-27; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-11-8 ; P.L. 1972, ch. 247, § 1.

        >>>>>>> origin/main 31-11-9. Reexamination of licensees.

        The division of motor vehicles, having good cause to believe that a licensed operator or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five (5) days to the licensee require him or her to submit to an examination. Upon the conclusion of the examination the division of motor vehicles shall take action as may be appropriate and may suspend or revoke the license of the person or permit him or her to retain the license, or may issue a license subject to restrictions as permitted under § 31-10-28 . Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension or revocation of his or her license.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 7; G.L. 1956, § 31-11-22 ; G.L. 1956, § 31-11-9 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 7; G.L. 1956, § 31-11-22 ; G.L. 1956, § 31-11-9 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-10. Reinstatement after revocation or suspension.

        1. Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked or suspended shall not be entitled to have a license or privilege renewed or restored unless the revocation or suspension was for a cause which has been removed. After the expiration of the term of the revocation or suspension he or she may apply to be restored to his or her right to drive, but the division of motor vehicles shall not grant the application unless and until it is satisfied after investigation of the driving ability of the person that it will be safe to license him or her to drive a motor vehicle on the public highways and it has received a reinstatement fee of one hundred and fifty dollars ($150.00). The reinstatement fee and assessment fee shall not be required by any person whose license was suspended on the basis of physical or mental fitness and who has later been declared competent to operate a motor vehicle.
        2. Any person whose license has been suspended on the basis of physical or mental fitness shall have the right to request review at any time of the suspension determination in accordance with the hearing procedures of § 31-11-7(d) — (f).
        3. If the license or privilege to drive a motor vehicle on the public highways has been revoked or suspended as a result of a violation of §§ 31-27-2 , 31-27-2 .1, 31-27-2.2 or 31-27-2.6 the reinstatement fee shall be three hundred and fifty ($350.00) dollars.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1962, ch. 204, § 1; P.L. 1983, ch. 229, § 2; P.L. 1986, ch. 494, § 3; P.L. 1988, ch. 334, § 1: P.L. 1990, ch. 322, § 3; P.L. 1991, ch. 284, § 4; P.L. 1994, ch. 134, § 18; P.L. 1996, ch. 100, art. 16, § 1; P.L. 1998, ch. 89, § 4; P.L. 2009, ch. 5, art. 9, § 3.

        NOTES TO DECISIONS

        In General.

        This section clearly has as its purpose the protection of the public at large. Ryan v. Department of Transp., 420 A.2d 841, 1980 R.I. LEXIS 1845 (R.I. 1980).

        In enacting this section the legislature intended to empower the registry to withhold reinstatement after examining the applicant’s driving record. Ryan v. Department of Transp., 420 A.2d 841, 1980 R.I. LEXIS 1845 (R.I. 1980).

        Duty to Public.

        The legislature did not intend to create a duty running to individual members of the public in this section. Ryan v. Department of Transp., 420 A.2d 841, 1980 R.I. LEXIS 1845 (R.I. 1980).

        Collateral References.

        Validity, construction, application, and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver’s license. 2 A.L.R.5th 725.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-11. Return of license certificate.

        Upon the cancellation, suspension, or revocation of any license issued under chapter 10 of this title, the license shall be and become invalid for any purposes whatsoever and the license certificate shall be returned immediately to the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-19 ; G.L. 1956, § 31-11-11 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-19 ; G.L. 1956, § 31-11-11 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-12. Operation under foreign license during suspension or revocation in this state prohibited.

        Any resident or nonresident whose operator’s or chauffeur’s license, or right or privilege to operate a motor vehicle in this state, has been suspended or revoked as provided in this chapter, shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during or after the suspension or revocation until he or she has been restored to the right to drive as provided in this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 9; P.L. 1952, ch. 2937, § 9; G.L. 1956, § 31-11-24 ; G.L. 1956, § 31-11-12 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 9; P.L. 1952, ch. 2937, § 9; G.L. 1956, § 31-11-24 ; G.L. 1956, § 31-11-12 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-13. Failure to surrender license certificate.

        If any person whose license has been cancelled, suspended, or revoked neglects or refuses to surrender the license certificate to the division of motor vehicles immediately upon demand by it or by any of its authorized agents, the person, in addition to being subject to the other penalties provided by this title, shall thereafter be disqualified from receiving any license to operate until the license certificate is returned to the division of motor vehicles or a reasonable explanation of the circumstances is given to the division of motor vehicles. In the absence of a reasonable explanation, the person shall be disqualified from receiving a license to operate motor vehicles under the provisions of chapter 10 of this title for a period of thirty (30) days in addition to the period of the suspension or revocation.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-20 ; P.L. 1959 (s.s.), ch. 190, § 6; G.L. 1956, § 32-11-13; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 6; G.L. 1956, § 31-11-20 ; P.L. 1959 (s.s.), ch. 190, § 6; G.L. 1956, § 32-11-13; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-14. Retention of suspended, cancelled, or revoked license — Seizure by peace officer.

        The division of motor vehicles upon suspending, canceling, or revoking a license shall require that the license be surrendered to and be retained by the division of motor vehicles. At the end of the period of suspension the license so surrendered may be returned to the licensee in accordance with the provisions of this chapter. If any person shall fail to return to the division of motor vehicles the license as required by the division of motor vehicles, the division of motor vehicles shall immediately direct any peace officer to secure possession of the license and to return it to the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 8; P.L. 1954, ch. 3277, § 2; G.L. 1956, § 31-11-23 ; G.L. 1956, § 31-11-14 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 8; P.L. 1954, ch. 3277, § 2; G.L. 1956, § 31-11-23 ; G.L. 1956, § 31-11-14 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-15. Appeal from administrator’s order.

        Any person aggrieved by any order of the administrator of the division of motor vehicles may appeal that order to the sixth division of the district court by filing, within ten (10) days from the date of the notice to that person of the issuance of the order, a petition in that court stating the grounds upon which the appeal is taken. Upon the filing of the petition and tendering a twenty-five dollar ($25.00) filing fee, the court shall cause thirty (30) days’ notice of the pendency of the hearing to be given to the division of motor vehicles by serving the administrator of the division of motor vehicles, in the manner in which subpoenas in equity are served, with a certified copy of the petition. The petition shall follow the course of equity so far as it is applicable. Upon hearing this petition the court may review the evidence taken at a hearing, investigator’s reports, or other information upon which the administrator’s action was taken, and may in its discretion, affirm, or overrule or modify the order of the administrator of the division of motor vehicles. However, the taking of the appeal shall not operate as a stay of the order of the administrator of the division of motor vehicles from which the appeal is taken, and the order shall remain in full force and effect during the pendency of the appeal. A party aggrieved by a final order of the court may seek appellate review of the order pursuant to the procedures set forth in § 42-35-16 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 16, § 10; G.L. 1956, § 31-11-15 ; G.L. 1956, § 31-11-15 ; P.L. 1962, ch. 204, § 1; P.L. 1976, ch. 140, § 14; P.L. 1992, ch. 453, § 11; P.L. 1999, ch. 218, art. 5, § 13.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 16, § 10; G.L. 1956, § 31-11-15 ; G.L. 1956, § 31-11-15 ; P.L. 1962, ch. 204, § 1; P.L. 1976, ch. 140, § 14; P.L. 1992, ch. 453, § 11; P.L. 1999, ch. 218, art. 5, § 13.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Time for Appeal.

        Where plaintiff appealed to the superior court within 10 days after application for new license was denied but 26 days after receiving notice of the revocation of his previous operator’s license, the question of propriety of revocation was not properly a part of the record and could not be considered on appeal. Dexter v. Asselin, 90 R.I. 283 , 157 A.2d 675, 1960 R.I. LEXIS 13 (1960).

        =======
        Time for Appeal.

        Where plaintiff appealed to the superior court within 10 days after application for new license was denied but 26 days after receiving notice of the revocation of his previous operator’s license, the question of propriety of revocation was not properly a part of the record and could not be considered on appeal. Dexter v. Asselin, 90 R.I. 283 , 157 A.2d 675, 1960 R.I. LEXIS 13 (1960).

        >>>>>>> origin/main 31-11-16. Unlawful use of license.

        It is a civil violation for any person:

        1. To display, or cause or permit to be displayed, or have in his or her possession any cancelled, revoked, suspended, fictitious, or fraudulently altered operator’s or chauffeur’s license;
        2. To lend his or her operator’s or chauffeur’s license to any other person or knowingly permit the use of it by another;
        3. To display or represent as one’s own any operator’s or chauffeur’s license not issued to him or her;
        4. To fail or refuse to surrender to the division of motor vehicles upon its lawful demand any operator’s or chauffeur’s license which has been suspended, revoked, or cancelled;
        5. To use a false or fictitious name in any application for an operator’s or chauffeur’s license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
        6. To permit any unlawful use of an operator’s or chauffeur’s license issued to him or her; or
        7. To do any act forbidden or fail to perform any act required by this title.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 1; G.L. 1956, § 31-11-1 ; G.L. 1956, § 31-11-1 6; P.L. 1962, ch. 204, § 1; P.L. 1999, ch. 218, art. 6, § 5.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 1; G.L. 1956, § 31-11-1 ; G.L. 1956, § 31-11-16 ; P.L. 1962, ch. 204, § 1; P.L. 1999, ch. 218, art. 6, § 5.

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanor, § 31-27-13 .

        NOTES TO DECISIONS

        “Conceal a Material Fact”.

        Nothing in plaintiff ’s application for a driver’s license was false or fraudulent; thus, plaintiff cannot be found to have violated this section. Merely refusing to reveal the names of the individuals who assisted plaintiff ’s cousin in obtaining a fraudulent license does not mean that plaintiff “concealed a material fact”. McGowan v. DOT, Div. of Motor Vehicles, 687 A.2d 449, 1997 R.I. LEXIS 7 (R.I. 1997).

        Permit to Be Displayed.

        The language of this section makes it a misdemeanor for an individual to permit his or her fraudulent license to be displayed. It does not require members of the public to notify the division that others are using a false or fictitious license. McGowan v. DOT, Div. of Motor Vehicles, 687 A.2d 449, 1997 R.I. LEXIS 7 (R.I. 1997).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-17. False swearing.

        Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this title to be sworn to or affirmed, is guilty of perjury, and upon conviction shall be punishable by fine or imprisonment as applicable to other perjuries.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 2; G.L. 1956, § 31-11-2 ; G.L. 1956, § 31-11-17 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 2; G.L. 1956, § 31-11-2 ; G.L. 1956, § 31-11-17 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Cross References.

        Penalty for perjury, § 11-33-2 .

        Taped record of hearing, § 31-2-21 .

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-11-18. Driving after denial, suspension, or revocation of license.

        1. Any person who drives a motor vehicle on any highway of this state who never applied for a license, or who drives after his or her application for a license has been refused, or after his or her license has expired, or who otherwise drives without a license, or at a time when his or her license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in § 31-11-18.1 , may be guilty of a misdemeanor.
        2. Upon a first violation under this section, a civil penalty of not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500), shall be imposed. For the second violation, a civil penalty of not less than three hundred fifty dollars ($350), nor more than five hundred dollars ($500), may be imposed.
        3. Any person convicted of a third or a subsequent violation of subsection (a) shall be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a term not exceeding ninety (90) days, fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend the person’s license for a period not to exceed ninety (90) days.
        4. Notwithstanding the provisions of subsection (a), any person driving after his or her license has expired shall be issued a summons to appear in district court not fewer than ten (10) days after the issuance of the summons, and shall not be taken into custody based solely on this charge absent a warrant. Any person who shall cause his or her expired license to be reinstated by the division of motor vehicles within ten (10) days after issuance of the summons may present proof of reinstatement at the headquarters of the charging police department. Presentation of proof of reinstatement within ten (10) days after the issuance of the summons shall cause the summons to be voided and shall otherwise constitute a complete defense to the charge of driving after expiration of license and a bar to prosecution for that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks shall be considered as a separate police headquarters.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 3; P.L. 1951, ch. 2826, § 16; G.L. 1956, § 31-11-3 ; G.L. 1956, § 31-11-18 ; P.L. 1962, ch. 204, § 1; P.L. 1979, ch. 278, § 1; P.L. 1980, ch. 323, § 1; P.L. 1982, ch. 279, § 1; P.L. 1983, ch. 229, § 3; P.L. 1988, ch. 646, § 1; P.L. 2000, ch. 157, § 1; P.L. 2000, ch. 446, § 1; P.L. 2016, ch. 128, § 1; P.L. 2016, ch. 134, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 3; P.L. 1951, ch. 2826, § 16; G.L. 1956, § 31-11-3 ; G.L. 1956, § 31-11-18 ; P.L. 1962, ch. 204, § 1; P.L. 1979, ch. 278, § 1; P.L. 1980, ch. 323, § 1; P.L. 1982, ch. 279, § 1; P.L. 1983, ch. 229, § 3; P.L. 1988, ch. 646, § 1; P.L. 2000, ch. 157, § 1; P.L. 2000, ch. 446, § 1; P.L. 2016, ch. 128, § 1; P.L. 2016, ch. 134, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2016, ch. 128, § 1, and P.L. 2016, ch. 134, § 1 enacted identical amendments to this section.

        Cross References.

        Court required to determine whether a defendant under this section is a habitual offender, § 31-40-8 .

        Penalty for misdemeanor, § 31-27-13 .

        NOTES TO DECISIONS

        Constitutionality.

        The state may prohibit unlicensed drivers from operating a motor vehicle on the state’s public highways as a valid exercise of the state’s police power. Furthermore, it is evident that R.I. Gen. Laws § 31-11-18 is rationally related to the state’s legitimate interest in maintaining the safety of its public thoroughfares. Section 31-11-18 is constitutional as applied to motor-vehicle operators on this state’s public highways, including the defendant, regardless of his unwillingness to recognize the federal government. State v. Garvin, 945 A.2d 821, 2008 R.I. LEXIS 52 (R.I.), cert. denied, 555 U.S. 1012, 129 S. Ct. 571, 172 L. Ed. 2d 430, 2008 U.S. LEXIS 8233 (2008).

        Construction.

        Superior court erred in dismissing the charges against defendant for driving under the influence of liquor resulting in serious bodily injury, driving so as to endanger resulting in serious bodily injury, and driving with a revoked license because an operator may be distinct and separate from a driver in certain circumstances, and by forcibly seizing control of a moving vehicle when he jumped up from the backseat and grabbed the steering wheel—thus divesting the driver of control—and steering the vehicle off the highway, causing a roll-over crash, defendant placed himself squarely in the realm of an operator of a vehicle. State v. Peters, 172 A.3d 156, 2017 R.I. LEXIS 107 (R.I. 2017).

        Civil Penalty.

        District court erred in denying defendant’s motion to seal his record under R.I. Gen. Laws § 12-1-12 because he was a person detained by police but not arrested or charged with an offense; defendant was not “charged with an offense” because the “criminal complaint” charged him with a violation of this section and indicated it was his first violation, and thus, defendant was liable only for a civil penalty. State ex rel. Coventry Police Dep't v. Charlwood, 224 A.3d 467, 2020 R.I. LEXIS 12 (R.I. 2020).

        Evidence.
        <<<<<<< HEAD
        =======
        >>>>>>> origin/main — Driver’s Abstract.

        In a prosecution for driving with a suspended license, a driver’s abstract from the Registry of Motor Vehicles was clearly admissible under Rules 901(b)(7) and 902(4) of the Rhode Island Rules of Evidence, and was not excluded under Rule 803(8)(B) because it did not contain information observed by police officers or law-enforcement personnel. Also, the admission of this abstract did not violate the defendant’s right to confrontation under the United States and Rhode Island Constitutions by allowing, in effect, New York officials to testify about violations in that state. The report did not contain any statements by New York officials, only a notation of the New York violation. State v. D'Alo, 649 A.2d 498, 1994 R.I. LEXIS 256 (R.I. 1994).

        Failure to Appear.

        The registry of motor vehicles has the power to suspend a driver’s license for failure to appear at an administrative hearing. State v. D'Alo, 649 A.2d 508, 1994 R.I. LEXIS 242 (R.I. 1994).

        Judicial Notice.

        There is no reason why any court of competent jurisdiction in the state cannot take judicial notice that a particular street is a highway which is open to the use of the public for purposes of vehicular traffic. State v. Jamgochian, 109 R.I. 46 , 280 A.2d 320, 1971 R.I. LEXIS 1022 (1971), overruled in part, State v. Acquisto, 463 A.2d 122, 1983 R.I. LEXIS 1012 (R.I. 1983).

        License Reinstated.

        A “clearing” of a suspended license is not the same as a reinstatement of it. State v. Szarek, 433 A.2d 193, 1981 R.I. LEXIS 1234 (R.I. 1981).

        Even though a defendant’s suspension order was marked “cleared” on August 16, the defendant was still liable for driving with his license suspended on September 27 where his license was not reinstated until January 8. State v. Szarek, 433 A.2d 193, 1981 R.I. LEXIS 1234 (R.I. 1981).

        Collateral References.

        Automobiles: necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 7 A.L.R.5th 73.

        Necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 61 A.L.R.3d 1041.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-18.1. Driving after denial, revocation, or suspension for certain violations.

        1. Any person who drives a motor vehicle on any highway of this state who never applied for a license or who drives after his or her application for a license has been refused, or after his or her license has expired or who otherwise drives without a license or at a time when his or her license to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic drug or intoxicating liquor; (2) refusing to submit to a chemical test; reckless driving; (3) manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in death; or (4) three (3) moving violations within a one-year period; shall be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent offenses.
        2. The division of motor vehicles upon receiving a record of the conviction of any person upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons set forth in this section shall suspend the person’s license or deny the person’s application for any length of time that it shall deem proper but in no case less than an additional three (3) months. Upon receiving a record of conviction of a second violation of driving a motor vehicle while the license of that person was suspended for reasons set forth in this section, the division of motor vehicles shall suspend the person’s license or deny the person’s application for any length of time that it shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall result in license revocation. Upon receiving a record of the conviction of any person upon a charge of driving after his or her application for a license had been refused, or after his or her license had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall not issue a new license for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license.
          1. Upon a first conviction under this section a mandatory fine of five hundred dollars ($500) shall be imposed, and if the person was driving after his or her application for a license had been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled for operating under the influence of a controlled substance or intoxicating liquor, or his or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a minimum of ten (10) days.
          2. A mandatory fine of five hundred dollars ($500) for a second conviction under this section within a five (5) year period shall be imposed, and if the person was driving after his or her application for a license had been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled for operating under the influence of a controlled substance or intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a minimum of six (6) months to one year.
          3. For any subsequent conviction within a five (5) year period, a fine of one thousand dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be required to participate in a public service program designated and approved by the court. If the person was driving after his or her application for a license had been refused or at a time when his or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. Jurisdiction for violations of this section is given to the district court and the court shall have full authority to impose any sentence authorized for violations of this section.
        4. No fines, suspensions, treatment, or jail provided for under this section can be suspended.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1980, ch. 323, § 2; P.L. 1982, ch. 178, § 1; P.L. 1983, ch. 229, § 4; P.L. 2005, ch. 379, § 1; P.L. 2010, ch. 102, § 2; P.L. 2010, ch. 318, § 2.

        Compiler’s Notes.

        P.L. 2010, ch. 102, § 2, and P.L. 2010, ch. 318, § 2, enacted identical amendments to this section.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Evidence Sufficient.

        The evidence was sufficient to convict the defendant of violating this section even though the defendant claimed at trial that the vehicle, which was virtually inoperable, was only being moved from one parking space to another when an accident occurred on a public highway involving serious injuries, since the defendant’s explanation was found highly implausible. State v. Morris, 666 A.2d 419, 1995 R.I. LEXIS 226 (R.I. 1995).

        =======
        Evidence Sufficient.

        The evidence was sufficient to convict the defendant of violating this section even though the defendant claimed at trial that the vehicle, which was virtually inoperable, was only being moved from one parking space to another when an accident occurred on a public highway involving serious injuries, since the defendant’s explanation was found highly implausible. State v. Morris, 666 A.2d 419, 1995 R.I. LEXIS 226 (R.I. 1995).

        >>>>>>> origin/main

        Collateral References.

        Automobiles: necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 7 A.L.R.5th 73.

        Necessity or emergency as defense in prosecution for driving without operator’s license or while license is suspended. 61 A.L.R.3d 1041.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-19. Permitting child under the age of 16 to drive.

        No person shall cause or knowingly permit his or her child or ward under the age of sixteen (16) years to drive a motor vehicle upon any highway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 4; G.L. 1956, § 31-11-4 ; G.L. 1956, § 31-11-19 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 4; G.L. 1956, § 31-11-4 ; G.L. 1956, § 31-11-19 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Collateral References.

        Liability for injury to or by one operating motor vehicle while under the age prescribed by law. 46 A.L.R. 1067.

        Liability of parent for injury to child’s guest by negligent operation of car. 2 A.L.R. 900; 88 A.L.R. 590.

        Liability of parent who gives motor vehicle to minor child forbidden by statute to operate same, for negligent use thereof by child. 36 A.L.R.2d 740.

        Loan of car by owner to his minor child as rendering him liable for injury. 68 A.L.R. 1014; 100 A.L.R. 926; 168 A.L.R. 1364.

        Youth of operator of motor vehicle as affecting his negligence. 97 A.L.R.2d 872.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-20. Permitting unauthorized person to drive prohibited.

        No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven upon any highway by any person who is not authorized under this title or in violation of any of the provisions of this title.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 5; G.L. 1956, § 31-11-5 ; G.L. 1956, § 31-11-20 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 5; G.L. 1956, § 31-11-5 ; G.L. 1956, § 31-11-20 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Collateral References.

        Lack of license as evidence of negligence. 29 A.L.R.2d 963.

        Liability for injury or damage by car driven by unlicensed person. 16 A.L.R. 1117; 35 A.L.R. 62; 38 A.L.R. 1038; 43 A.L.R. 1153; 54 A.L.R. 374; 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375.

        Loan of car to unlicensed driver as affecting liability of owner for negligence. 68 A.L.R. 1015; 100 A.L.R. 920; 168 A.L.R. 1364.

        Permitting unlicensed person to operate automobile, liability based on. 137 A.L.R. 475.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-21. Employment of unlicensed chauffeur prohibited.

        No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in chapter 10 of this title.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 6; G.L. 1956, § 31-11-6 ; G.L. 1956, § 31-11-21 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 6; G.L. 1956, § 31-11-6 ; G.L. 1956, § 31-11-21 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-21.1. Penalty for employing of unlicensed/unauthorized operator.

        1. The registered owner of any school bus used for the transportation of school children shall be responsible for insuring that any person operating the school bus is licensed as provided in chapter 10 of this title, and the failure of any driver to have the proper licenses and certificates shall result in a fine against the registered owner of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each day the driver operates a school bus without the licenses and/or certificates. This fine shall be administered by the traffic tribunal. Nothing in this section shall preclude any civil or criminal penalty against the unlicensed operator of the school bus.
        2. The registered owner of any school bus used for the transportation of school children shall obtain from the division of motor vehicles every year a certificate indicating that the operators of any school bus registered to the registered owner is in full compliance with all the requirements of this title.
        3. The division of motor vehicles shall reply to any request made by any school bus owner in writing within ten (10) working days of the receipt of the request.
        4. The division of motor vehicles shall prepare forms for the filing of requests and answers to them.
        5. Licenses issued to school bus operators shall bear the date of the most recent division of motor vehicles check on its face.
        6. The division of motor vehicles shall fix a fee for the providing of the information required by this section, which fee shall be paid by the registered owner making the request.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 413, § 3.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-22. Rental to unauthorized person prohibited.

        No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under this title or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-7 ; G.L. 1956, § 31-11-22 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-7 ; G.L. 1956, § 31-11-22 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main

        Cross References.

        Financial responsibility of owners of rental vehicles, § 31-34-1 et seq.

        Collateral References.

        Rental agency’s liability for negligent entrustment of vehicle. 78 A.L.R.3d 1170.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-11-23. Inspection of license of person to whom vehicle rented required.

        No person shall rent a motor vehicle to another until he or she has inspected the operator’s or chauffeur’s license of the person to whom the vehicle is to be rented, and compared and verified the signature on it with the signature of the person written in his or her presence.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-8 ; G.L. 1956, § 31-11-23 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-8 ; G.L. 1956, § 31-11-23 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-24. Records of rentals.

        Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person, and the date and place when and where the license was issued. The record shall be open to inspection by any police officer or employee of the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-9 ; G.L. 1956, § 31-11-24 ; P.L. 1962, ch. 204, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 7; G.L. 1956, § 31-11-9 ; G.L. 1956, § 31-11-24 ; P.L. 1962, ch. 204, § 1.

        >>>>>>> origin/main 31-11-25. Suspension for failure to pay fine.

        1. The division of motor vehicles shall suspend the license of a person to operate a motor vehicle upon certification of the clerk of any county of the superior court or any supervising deputy clerk of the district court or a clerk of the traffic tribunal that the person has failed to pay fines or costs imposed for a violation of any provision of this title within the time period provided for payment by the court, or has failed to make satisfactory arrangements with the court for payment of the fines or costs; provided, however, the person shall first be entitled to request an ability to pay hearing by filing a request with the court that imposed the fines or costs.
        2. The suspension shall remain in force until all fines or costs are paid to the respective court or satisfactory arrangements have been made with the court for payment of the fines or costs.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1982, ch. 412, § 1; P.L. 1999, ch. 218, art. 6, § 5; P.L. 2019, ch. 217, § 1; P.L. 2019, ch. 236, § 1.

        Compiler’s Notes.

        P.L. 2019, ch. 217, § 1, and P.L. 2019, ch. 236, § 1 enacted identical amendments to this section.

        Chapter 12 Applicability of Traffic Regulations

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-1. Places provisions applicable.

        The provisions of chapters 12 — 27 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways and on all state, city or town owned public property except:

        1. Where a different place is specifically referred to in a given section.
        2. The provisions of chapter 26 of this title and §§ 31-27-1 — 31-27-4 shall apply upon highways and elsewhere throughout the state.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 1; G.L. 1956, § 31-12-1 ; P.L. 1971, ch. 286, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 1; G.L. 1956, § 31-12-1 ; P.L. 1971, ch. 286, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Traffic regulations:

        Mass. Ann. Laws ch. 89, § 1 et seq.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        “And Elsewhere Throughout the State” Defined.

        In employing the phrase “and elsewhere throughout the state”, the general assembly recognized that the danger posed by an intoxicated driver to the driver and others or to one’s property is the same whether the particular “folly” occurs on private property or on a public highway. Gentile v. Gill, 560 A.2d 327, 1989 R.I. LEXIS 116 (R.I. 1989).

        =======
        “And Elsewhere Throughout the State” Defined.

        In employing the phrase “and elsewhere throughout the state”, the general assembly recognized that the danger posed by an intoxicated driver to the driver and others or to one’s property is the same whether the particular “folly” occurs on private property or on a public highway. Gentile v. Gill, 560 A.2d 327, 1989 R.I. LEXIS 116 (R.I. 1989).

        >>>>>>> origin/main

        Collateral References.

        Applicability, to operation of motor vehicle on private property, of legislation making drunken driving a criminal offense. 52 A.L.R.5th 655.

        Validity, construction, and effect of statutes or ordinances forbidding automotive “cruising” — practice of driving repeatedly through loop of public roads through city. 87 A.L.R.4th 1110.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-2. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 2; G.L. 1956, § 31-12-2 ; Repealed by P.L. 1999, ch 218, § 6, effective July 1, 1999.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 2; G.L. 1956, § 31-12-2 ; Repealed by P.L. 1999, ch 218, § 6, effective July 1, 1999.

        >>>>>>> origin/main

        Compiler’s Notes.

        Former § 31-12-2 concerned the requirement of obedience to laws.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-3. Obedience to police officers.

        No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic, including any order or direction pertaining to fire lane parking violations whether on private or public property.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 3; G.L. 1956, § 31-12-3 ; P.L. 1983, ch. 159, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 3; G.L. 1956, § 31-12-3 ; P.L. 1983, ch. 159, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        This section is neither so indefinite nor so arbitrary of its application as to be constitutionally void when its limitations on the authority of the police officer to make arrest are quite clear and it does not leave the question of arrest to the whim of the police officer or to the moment-to-moment opinions of the police officer on his beat. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Where defendant charged for failure to comply with the order of police officer to remove the vehicle parked unlawfully failed to allege or offer proof that the officer acted purposefully and intentionally to discriminate against him, was not denied equal protection though he made an offer of proof that others who had parked vehicles in the same place and the same time unlawfully, were not prosecuted. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Authority of Police Officer.

        Conviction for violation of this section could not be sustained, where act involved the making of a left turn contrary to the instructions of the police officer and there was nothing to show any authority empowering the police officer to prohibit left turns at such intersection. State v. Pascale, 86 R.I. 182 , 134 A.2d 149, 1957 R.I. LEXIS 93 (1957).

        Since there is nothing in the statute limiting authority of the police officer to issue an order forestalling the obstruction of traffic, nor is there anything warranting the finding that a standing vehicle illegally parked or otherwise was not traffic within the purview of this section, the officer did not act in excess of the authority in taking the defendant into custody for the refusal to comply with the lawful order of the officer. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Where the statute does not prescribe that the officer must be engaged exclusively in the control or direction of the traffic or that he must be specifically assigned to such duty and where the evidence showed that the officer was in uniform and was on patrol, he had authority to control and regulate the traffic. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Estoppel.

        The state was not estopped from prosecuting defendant for failure to comply with lawful order of the police officer to remove the vehicle unlawfully parked in intersection even though he was successfully prosecuted for unlawfully parking in the intersection and both the charges arose out of the same incident. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Legislative Intent.

        In § 31-21-4 the legislature intended to preserve the orderly flow of traffic, while this section is designed to insure compliance with lawful orders of police officers to enforce restriction such as § 31-21-4 . State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Validity of Ordinance.

        Ordinance punishing similar offense but not requiring that violation be wilful or that order be lawful was invalid. State v. Berberian, 80 R.I. 444 , 98 A.2d 270, 1953 R.I. LEXIS 91 (1953); State v. Pascale, 86 R.I. 182 , 134 A.2d 149, 1957 R.I. LEXIS 93 (1957).

        Collateral References.

        Police officers, ordinance authorizing direction of traffic by. 60 A.L.R. 504.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-4. Applicability to public vehicles.

        The provisions of chapters 12 — 27 of this title applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state except as provided in § 31-12-5 , and subject to any specific exceptions as are set forth in these chapters with reference to authorized emergency vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 4; G.L. 1956, § 31-12-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 4; G.L. 1956, § 31-12-4 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Military Vehicles.

        Member of armed forces acting under orders to proceed with dispatch was not bound by state speed limit where his superior officer had determined that military necessity was such as to justify disregard of such limit. State v. Burton, 41 R.I. 303 , 103 A. 962, 1918 R.I. LEXIS 52 (1918).

        =======
        Military Vehicles.

        Member of armed forces acting under orders to proceed with dispatch was not bound by state speed limit where his superior officer had determined that military necessity was such as to justify disregard of such limit. State v. Burton, 41 R.I. 303 , 103 A. 962, 1918 R.I. LEXIS 52 (1918).

        >>>>>>> origin/main

        Collateral References.

        Applicability of state or municipal traffic or vehicle regulations to those engaged in handling United States mail. 18 A.L.R. 1169.

        Applicability of vehicle regulations to public officials or employees. 19 A.L.R. 459; 23 A.L.R. 418.

        Criminal or penal responsibility of public officer or employee for violating speed regulation. 9 A.L.R. 367.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-5. Exemption of highway workers.

        Unless specifically made applicable, the provisions of chapters 12 — 27 of this title shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to the persons and vehicles when traveling to or from this work.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 4; G.L. 1956, § 31-12-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 4; G.L. 1956, § 31-12-5 .

        >>>>>>> origin/main 31-12-6. Emergency vehicles — Times when entitled to special privileges.

        1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an alleged violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in § 31-12-7 , but subject to the conditions stated in this section and in §§ 31-12-8 and 31-12-9 .
        2. Upon establishment of the law enforcement agency accreditation council, the council shall adopt uniform rules and regulations to govern high speed pursuits in the state in accordance with the standards established by the National Law Enforcement Accreditation Agency. Until such rules are adopted, all police departments within the state shall submit to the department of the attorney general a copy of their high speed pursuit policies, which shall be available to the public.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-6 ; P.L. 1990, ch. 173, § 1; P.L. 2000, ch. 109, § 64.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-6 ; P.L. 1990, ch. 173, § 1; P.L. 2000, ch. 109, § 64.

        >>>>>>> origin/main

        Law Reviews.

        2005 Survey of Rhode Island Law: Tort Law: <<<<<<< HEAD Seide v. State, 875 A.2d 1259 (R.I. 2005), see 11 Roger Williams U. L. Rev. 929 (2006). ======= Seide v. State, 875 A.2d 1259 (R.I. 2005), see 11 Roger Williams U. L. Rev. 929 (2006). >>>>>>> origin/main

        NOTES TO DECISIONS

        Applicability.

        In an action arising out of a high-speed automobile pursuit in which police officers pursued a driver who had committed a number of traffic violations, whether the privileges provided by R.I. Gen. Laws §§ 31-12-6(a) and 31-12-7 applied and whether the reckless standard set forth in R.I. Gen. Laws § 31-12-9 was applicable could not be determined at the summary judgment stage because there was a dispute as to whether the police cruiser’s lights and sirens were activated as required by R.I. Gen. Laws § 31-12-8 . Delgado v. Pawtucket Police Dep't, 747 F. Supp. 2d 341, 2010 U.S. Dist. LEXIS 104541 (D.R.I. 2010), aff'd, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Emergency Call.

        A vehicle is “responding to an emergency call” when the occupant or occupants of the vehicle honestly believe that an emergency exists and when that belief is a reasonable one, but when the driver exhibits a reckless disregard for the safety of others the special statutory privileges of operation provided are denied him. Roberts v. Kettelle, 116 R.I. 283 , 356 A.2d 207, 1976 R.I. LEXIS 1278 (1976).

        The trial justice’s inadvertent reference to “and” instead of “or” in the instruction “The driver of an authorized emergency vehicle when responding to an emergency call and when in the pursuit of an actual or suspected violator of the law . . . may exercise the privileges set forth in the statute”, although erroneous was harmless in view of other instructions given relating to “emergency” and “emergency call”. Roberts v. Kettelle, 116 R.I. 283 , 356 A.2d 207, 1976 R.I. LEXIS 1278 (1976).

        Proof.

        A passenger in a car involved in a high speed chase with police had to prove more than negligence in order to prevail on his state law claim against a police officer at a roadblock who fired his service revolver at the car. Medeiros v. Town of South Kingstown, 821 F. Supp. 823, 1993 U.S. Dist. LEXIS 7014 (D.R.I. 1993).

        Absent sufficient evidence on the issue of breach, the jury had no legally cognizable basis for finding the police officers liable for the decedent’s death based on the high speed pursuit; it followed that there was no error in the allowance of defendants’ motion for judgment as a matter of law. Delgado v. Pawtucket Police Dep't, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Collateral References.

        Fire vehicles, statute relating to rules of road applicable to, as affected by use beyond municipal limits of municipal equipment for extinguishment of fires. 122 A.L.R. 1163.

        Policeman, right-of-way of vehicle carrying. 65 A.L.R. 140.

        Public officials or employees as subject to motor vehicle regulations. 19 A.L.R. 459; 23 A.L.R. 418.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-7. Privileges allowed emergency vehicles.

        The driver of an authorized emergency vehicle may:

        1. Park or stand, irrespective of the provisions of any law;
        2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
        3. Exceed the prima facie speed limits so long as he or she does not endanger life or property;
        4. Disregard regulations governing direction of movement or turning in specified directions.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 5; P.L. 1952, ch. 2937, § 11; G.L. 1956, § 31-12-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 5; P.L. 1952, ch. 2937, § 11; G.L. 1956, § 31-12-7 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Applicability.

        In an action arising out of a high-speed automobile pursuit in which police officers pursued a driver who had committed a number of traffic violations, whether the privileges provided by R.I. Gen. Laws §§ 31-12-6(a) and 31-12-7 applied and whether the reckless standard set forth in R.I. Gen. Laws § 31-12-9 was applicable could not be determined at the summary judgment stage because there was a dispute as to whether the police cruiser’s lights and sirens were activated as required by R.I. Gen. Laws § 31-12-8 . Delgado v. Pawtucket Police Dep't, 747 F. Supp. 2d 341, 2010 U.S. Dist. LEXIS 104541 (D.R.I. 2010), aff'd, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Emergency Call.

        The trial justice’s inadvertent reference to “and” instead of “or” in the instruction “The driver of an authorized emergency vehicle when responding to an emergency call and when in the pursuit of an actual or suspected violator of the law . . . may exercise the privileges set forth in the statute” although erroneous was harmless in view of other instructions given relating to “emergency” and “emergency call”. Roberts v. Kettelle, 116 R.I. 283 , 356 A.2d 207, 1976 R.I. LEXIS 1278 (1976).

        Collateral References.

        Traffic signs or signals, emergency vehicles as exempt from regulations requiring obedience to. 164 A.L.R. 219; 2 A.L.R.3d 12; 155; 275; 3 A.L.R.3d 180; 507.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-8. Warning signals given by emergency vehicles.

        The exemptions granted in this chapter to an authorized emergency vehicle shall apply only when the driver of the vehicle while in motion sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet (500´) to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-8 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Judgment as a Matter of Law.

        Absent sufficient evidence on the issue of breach, the jury had no legally cognizable basis for finding the police officers liable for the decedent’s death based on the high speed pursuit; it followed that there was no error in the allowance of defendants’ motion for judgment as a matter of law. Delgado v. Pawtucket Police Dep't, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Summary Judgment.

        In an action arising out of a high-speed automobile pursuit in which police officers pursued a driver who had committed a number of traffic violations, whether the privileges provided by R.I. Gen. Laws §§ 31-12-6(a) and 31-12-7 applied and whether the reckless standard set forth in R.I. Gen. Laws § 31-12-9 was applicable could not be determined at the summary judgment stage because there was a dispute as to whether the police cruiser’s lights and sirens were activated as required by R.I. Gen. Laws § 31-12-8 . Delgado v. Pawtucket Police Dep't, 747 F. Supp. 2d 341, 2010 U.S. Dist. LEXIS 104541 (D.R.I. 2010), aff'd, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-9. Due care by emergency vehicles.

        The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall the provisions protect the driver from the consequences of the driver’s reckless disregard for the safety of others.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-9 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 5; G.L. 1956, § 31-12-9 .

        >>>>>>> origin/main

        Law Reviews.

        2005 Survey of Rhode Island Law: Tort Law: <<<<<<< HEAD Seide v. State, 875 A.2d 1259 (R.I. 2005), see 11 Roger Williams U. L. Rev. 929 (2006). ======= Seide v. State, 875 A.2d 1259 (R.I. 2005), see 11 Roger Williams U. L. Rev. 929 (2006). >>>>>>> origin/main

        NOTES TO DECISIONS

        Applicability.

        The driver of an emergency vehicle is not entitled to a per se exemption from traffic speed regulations. A question of fact that must be determined first is whether a vehicle qualifies as an emergency vehicle under the statute and if an emergency exists, whether the driver’s conduct in the emergency constitutes a reckless disregard for the safety of others, and if no emergency exists the standards applicable to any other driver, as to whether he was negligent, apply to the driver. Roberts v. Kettelle, 116 R.I. 283 , 356 A.2d 207, 1976 R.I. LEXIS 1278 (1976).

        In an action arising out of a high-speed automobile pursuit in which police officers pursued a driver who had committed a number of traffic violations, whether the privileges provided by R.I. Gen. Laws §§ 31-12-6(a) and 31-12-7 applied and whether the reckless standard set forth in R.I. Gen. Laws § 31-12-9 was applicable could not be determined at the summary judgment stage because there was a dispute as to whether the police cruiser’s lights and sirens were activated as required by R.I. Gen. Laws § 31-12-8 . Delgado v. Pawtucket Police Dep't, 747 F. Supp. 2d 341, 2010 U.S. Dist. LEXIS 104541 (D.R.I. 2010), aff'd, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Proof.

        A passenger in a car involved in a high speed chase with police had to prove more than negligence in order to prevail on his state law claim against a police officer at a roadblock who fired his service revolver at the car. Medeiros v. Town of South Kingstown, 821 F. Supp. 823, 1993 U.S. Dist. LEXIS 7014 (D.R.I. 1993).

        Proof.

        Absent sufficient evidence on the issue of breach, the jury had no legally cognizable basis for finding the police officers liable for the decedent’s death based on the high speed pursuit; it followed that there was no error in the allowance of defendants’ motion for judgment as a matter of law. Delgado v. Pawtucket Police Dep't, 668 F.3d 42, 2012 U.S. App. LEXIS 2550 (1st Cir. 2012).

        Collateral References.

        Liability of governmental unit or its officers for injury to innocent occupant of moving vehicle, or for damages to such vehicle, as result of police chase. 4 A.L.R.4th 865.

        Modern status of sudden emergency doctrine. 10 A.L.R.5th 680.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-10. Animals and animal-drawn vehicles.

        Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapters 12 — 27 of this title, except those provisions of those chapters which by their very nature can have no application.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 6; G.L. 1956, § 31-12-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 6; G.L. 1956, § 31-12-10 .

        >>>>>>> origin/main 31-12-11. Uniformity of application.

        The provisions of chapters 12 — 27 of this title shall be applicable and uniform throughout this state and in all political subdivisions and municipalities in the state, and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of chapters 12 — 27 of this title unless expressly authorized in them.

        History of Section. P.L. 1950, ch. 2595, art. 21, § 7; G.L. 1956, § 31-12-11 ; P.L. 1990, ch. 65, art. 57, § 5.

        <<<<<<< HEAD

        NOTES TO DECISIONS =======

        History of Section. >>>>>>> origin/main

        Local Ordinances.

        Ordinance prohibiting speeds in excess of 15 miles per hour was invalid in view of former statute prohibiting speeds greater than a common traveling pace. State v. Thurston, 28 R.I. 265 , 66 A. 580, 1907 R.I. LEXIS 35 (1907).

        Ordinance punishing offense similar to that described in § 31-12-3 but not requiring that violation be wilful or that police order be lawful was invalid. State v. Berberian, 80 R.I. 444 , 98 A.2d 270, 1953 R.I. LEXIS 91 (1953).

        <<<<<<< HEAD

        City ordinance making unlawful any failure or refusal to comply with any lawful order of a police officer was void as in conflict with § 31-12-3 which makes it an offense to “wilfully” fail or refuse to comply. State v. Pascale, 86 R.I. 182 , 134 A.2d 149, 1957 R.I. LEXIS 93 (1957).

        This section authorizes municipalities to enact traffic regulations not in conflict with the provisions of the Motor Vehicle Code and a municipal ordinance containing requirements of driving on the right half of the road identical or consistent with those of the Motor Vehicle Code on the same subject is not invalid as invading a legislative field preempted by the state. State v. Berberian, 100 R.I. 274 , 214 A.2d 465, 1965 R.I. LEXIS 389 (1965).

        =======

        NOTES TO DECISIONS

        Local Ordinances.

        Ordinance prohibiting speeds in excess of 15 miles per hour was invalid in view of former statute prohibiting speeds greater than a common traveling pace. State v. Thurston, 28 R.I. 265 , 66 A. 580, 1907 R.I. LEXIS 35 (1907).

        Ordinance punishing offense similar to that described in § 31-12-3 but not requiring that violation be wilful or that police order be lawful was invalid. State v. Berberian, 80 R.I. 444 , 98 A.2d 270, 1953 R.I. LEXIS 91 (1953).

        City ordinance making unlawful any failure or refusal to comply with any lawful order of a police officer was void as in conflict with § 31-12-3 which makes it an offense to “wilfully” fail or refuse to comply. State v. Pascale, 86 R.I. 182 , 134 A.2d 149, 1957 R.I. LEXIS 93 (1957).

        This section authorizes municipalities to enact traffic regulations not in conflict with the provisions of the Motor Vehicle Code and a municipal ordinance containing requirements of driving on the right half of the road identical or consistent with those of the Motor Vehicle Code on the same subject is not invalid as invading a legislative field preempted by the state. State v. Berberian, 100 R.I. 274 , 214 A.2d 465, 1965 R.I. LEXIS 389 (1965).

        >>>>>>> origin/main 31-12-12. Powers of local authorities.

        1. The provisions of chapters 12 — 27 of this title shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
          1. Regulating the standing or parking of vehicles;
          2. Regulating traffic by means of police officers or traffic control signals;
          3. Regulating or prohibiting processions or assemblages on the highways;
          4. Designating particular highways as one-way highways and requiring that all vehicles on them be moved in one specific direction;
          5. Regulating the speed of vehicles in public parks;
          6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the stop intersection;
          7. Restricting the use of highways as authorized in §§ 31-25-25 and 31-25-26 ;
          8. Regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee;
          9. Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
          10. Altering the prima facie speed limits as authorized by these chapters;
          11. Adopting any other traffic regulations that are specifically authorized by chapters 12 — 27 of this title.
        2. The city council of the city of Woonsocket is authorized and empowered to enact ordinances providing that the chief of police, or the police officers as he or she may from time to time designate, may impound, by means of a “Denver boot” or other immobilization device, or cause to be impounded, through the agency of a person or persons in the employ of the city of Woonsocket or the police department, or by independent contractor, any vehicle parked or standing on any part of any way under the control of the city, if in the calendar year in which the vehicle is so impounded and in the preceding calendar year, the aggregate of five (5) or more notices of violation of any ordinances adopted for the regulation of parking of motor vehicles whether adopted prior to or subsequent to the passage of this chapter), have been affixed to the vehicle. The ordinance shall provide for a post-impoundment hearing which shall be held between the time of impoundment and not more than seven (7) days afterwards, at which any defense may be asserted. The ordinance may impose liability for the reasonable cost of the impoundment on the owner of the vehicle, and may provide that if a vehicle is so impounded, the vehicle shall be held until all fines and charges lawfully imposed for the impoundment have been paid. The police department shall promptly mail written notice to the registered owner of the impounded vehicle, directed to the address furnished by the division of motor vehicles of motor vehicles or comparable agency of the state in which the vehicle is registered, stating the date on which the vehicle was impounded, the location at which it was impounded, and a statement that it will be released on the payment of all fines and charges lawfully imposed for the impoundment If, after thirty (30) days of mailing of the notice to the registered owner as provided for in this subsection, the owner has not paid all fines and charges imposed for the impounding, the vehicle so impounded shall be deemed to have been abandoned and may be disposed of in accordance with §§ 31-22-14 , 31-22-15 , 31-22-17 and 31-22-18 , first applying the proceeds to pay all fines and charges imposed for the impoundment. Vehicles owned by the state or a political subdivision of it; by the United States or any instrumentality of it; or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered; and vehicles and persons described in §§ 31-28-4 , 31-28-6 and 31-28-7 ; shall not, however, be subject to impoundment. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-12 ; P.L. 1983, ch. 249, § 1; P.L. 2002, ch. 292, § 107.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-12 ; P.L. 1983, ch. 249, § 1; P.L. 2002, ch. 292, § 107.

        >>>>>>> origin/main

        Cross References.

        Angle parking, § 31-21-9 .

        Controlled access highways, regulation, § 31-15-15 .

        Pedestrian traffic, regulation, § 31-18-2 .

        Speed limits, reduction or increase, § 31-14-5 et seq.

        Traffic control devices, §§ 31-13-2 , 31-13-3 .

        Turn paths at intersections, marking, § 31-16-3 .

        Weight restrictions, § 31-25-25 .

        NOTES TO DECISIONS

        Constitutionality.

        Previous law was unconstitutional insofar as it authorized city to close a highway to through traffic permanently without compensation to abutting property owner for loss of special property rights. Wolfe v. Providence, 77 R.I. 192 , 74 A.2d 843, 1950 R.I. LEXIS 64 (1950).

        Civilian Control of Traffic.

        Collectively, Rhode Island’s statutory and common law schemes indicate that the control and regulation of traffic is a duty allocated to the government, not to private individuals, such that no duty exists for an abutting landowner to control traffic on a public highway. Ferreira v. Strack, 636 A.2d 682, 1994 R.I. LEXIS 5 (R.I. 1994).

        Failure to Post Signs.

        The failure of city authorities to install appropriate one way signs at an intersection rendered ineffective its ordinance making the avenue in question a one-way street. In those circumstances, the defendant could not have been found to have violated § 31-15-9(b) (driving on one-way streets) as a matter of law. Marran v. State, 672 A.2d 875, 1996 R.I. LEXIS 47 (R.I. 1996).

        Town Ordinances.

        Town ordinance which proscribes picketing conducted “in front of, adjacent to or with respect to any property used for residential purposes” does not violate the first amendment and does not unconstitutionally vest unbridled discretion in the town police chief. Town of Barrington v. Blake, 568 A.2d 1015, 1990 R.I. LEXIS 19 (R.I. 1990).

        Collateral References.

        Conflict between statutes and local regulations. 147 A.L.R. 522.

        Indefiniteness of automobile speed regulations as affecting validity. 6 A.L.R.3d 1326.

        Power of municipal corporation to limit exclusive use of designated lanes or streets to buses and taxicabs. 43 A.L.R.3d 1394.

        Validity of regulations excluding or limiting automobile traffic in certain streets. 121 A.L.R. 578.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-13. Local regulations to be posted.

        No ordinance or regulation enacted under subdivision (a)(4), (a)(5), (a)(6), (a)(7), or (a)(10) of § 31-12-12 shall be effective until signs giving notice of the local traffic regulations are posted upon or at the entrances to the highway or part of it as may be most appropriate.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-13 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-13 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Failure to Post Signs.

        The failure of city authorities to install appropriate one way signs at an intersection rendered ineffective its ordinance making the avenue in question a one-way street. In those circumstances, the defendant could not have been found to have violated § 31-15-9(b) (driving on one-way street) as a matter of law. Marran v. State, 672 A.2d 875, 1996 R.I. LEXIS 47 (R.I. 1996).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-12-14. State approval for traffic control devices on state highways.

        No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the state traffic commission.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-14 ; P.L. 2008, ch. 98, § 12; P.L. 2008, ch. 145, § 12.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 8; G.L. 1956, § 31-12-14 ; P.L. 2008, ch. 98, § 12; P.L. 2008, ch. 145, § 12.

        >>>>>>> origin/main 31-12-15. Powers of landowners preserved.

        Nothing in chapters 1 — 27 of this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in chapters 12 — 27 of this title, or otherwise regulating such use as may seem best to the owner.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 21, § 9; G.L. 1956, § 31-12-15 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 21, § 9; G.L. 1956, § 31-12-15 .

        >>>>>>> origin/main

        Collateral References.

        Power to restrict or interfere with access of abutter by traffic regulations. 73 A.L.R.2d 689.

        Chapter 13 Traffic Control Devices

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-1. State traffic commission — Manual of traffic control devices.

        1. There is established a state traffic commission consisting of the superintendent of state police or his or her designee from within the department of state police, the director of the department of revenue or his or her designee from within the division of motor vehicles, the director of the department of transportation or his or her designee from within the department of transportation, the governor’s representative to the National Highway Traffic Safety Administration or his or her designee, and a member of the public appointed by the governor with the advice and consent of the senate, with respect to which appointment the governor shall solicit and give due consideration to the recommendation of the Rhode Island Police Chief’s Association. The commission shall elect from among the members a chair and such other officers as it deems necessary.
        2. For the purpose of standardization and uniformity, the commission shall adopt and cause to be printed for publication a manual of regulations and specifications establishing a uniform system of traffic control signals, devices, signs, and marking consistent with the provisions of this chapter for use upon the public highways. The commission shall establish the traffic regulations under chapters 12 — 27 of this title. The commission shall meet not less frequently than monthly. The department of transportation shall provide all staff services and quarters required by the commission.
        3. Within ninety (90) days after the end of each fiscal year, the commission shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meetings minutes, subjects addressed, decisions rendered, applications considered and their disposition, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the counsel; a summary of any training courses held pursuant to the provisions of this chapter; a briefing on anticipated activities in the upcoming fiscal year, and findings and recommendations for improvements. The report shall be posted electronically on the websites of the general assembly and the secretary of state pursuant to the provisions of § 42-20-8.2 . The director of the department of transportation shall be responsible for the enforcement of the provisions of this subsection.
        4. To conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the chair of the commission, be approved by the commission, and be conducted by the chair of the commission. The commission may approve the use of any commission and/or staff members and/or individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the commission’s rules and regulations. The director of the department of transportation shall, within ninety (90) days of the effective date of this act [June 16, 2006], prepare and disseminate training materials relating to the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 1; G.L. 1956, § 31-13-1 ; P.L. 1968, ch. 113, § 1; P.L. 1970, ch. 5, § 1; P.L. 1970, ch. 111, § 4; P.L. 1971, ch. 7, § 1; P.L. 1975, ch. 259, § 1; P.L. 2006, ch. 103, § 4; P.L. 2006, ch. 144, § 4; P.L. 2008, ch. 98, § 13; P.L. 2008, ch. 145, § 13; P.L. 2011, ch. 46, § 1; P.L. 2011, ch. 50, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 1; G.L. 1956, § 31-13-1 ; P.L. 1968, ch. 113, § 1; P.L. 1970, ch. 5, § 1; P.L. 1970, ch. 111, § 4; P.L. 1971, ch. 7, § 1; P.L. 1975, ch. 259, § 1; P.L. 2006, ch. 103, § 4; P.L. 2006, ch. 144, § 4; P.L. 2008, ch. 98, § 13; P.L. 2008, ch. 145, § 13; P.L. 2011, ch. 46, § 1; P.L. 2011, ch. 50, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2011, ch. 46, § 1, and P.L. 2011, ch. 50, § 1, enacted identical amendments to this section.

        Cross References.

        Functions of department of transportation, § 42-13-1 .

        Liberal construction, § 42-13-4 .

        Severability, § 42-13-5 .

        Comparative Legislation.

        Traffic control devices:

        Conn. Gen. Stat. § 14-297 et seq.

        Mass. Ann. Laws ch. 85, §§ 1 and 2.

        NOTES TO DECISIONS

        In General.

        Amendment of this section in 1968 did not nullify rules and regulations of the state traffic commission made prior thereto. State v. Sprague, 113 R.I. 351 , 322 A.2d 36, 1974 R.I. LEXIS 1186 (1974).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-2. Devices on state highways.

        1. The state traffic commission shall place and maintain any traffic control devices, conforming to its manual and specifications, upon any state highways, that it shall deem necessary to indicate and to carry out the provisions of chapters 12 — 27 of this title or to regulate, warn, or guide traffic.
        2. No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the state traffic commission except by the latter’s permission.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-13-2 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-13-2 .

        >>>>>>> origin/main

        Cross References.

        Traffic control devices on state highways, § 31-12-14 .

        NOTES TO DECISIONS

        Civilian Control of Traffic.

        Collectively, Rhode Island’s statutory and common law schemes indicate that the control and regulation of traffic is a duty allocated to the government, not to private individuals, such that no duty exists for an abutting landowner to control traffic on a public highway. Ferreira v. Strack, 636 A.2d 682, 1994 R.I. LEXIS 5 (R.I. 1994).

        Evidence.

        The presumption of regularity is available to establish essential elements in a prosecution for violation of the Motor Vehicle Code Act, so the court sustained defendant’s conviction based solely upon an officer’s testimony that defendant had gone through a flashing red light without requiring the state to introduce evidence that the signal was placed and maintained pursuant to statutory authorization. State v. Piscopio, 117 R.I. 300 , 366 A.2d 146, 1976 R.I. LEXIS 1628 (1976).

        Collateral References.

        Motorist’s liability for collision at intersection of ordinary and arterial highway as affected by absence or displacement of stop sign or other traffic signal. 74 A.L.R.2d 242.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-3. Devices on local highways.

        The traffic authority of any city or town may place and maintain traffic control signals, signs, markings, and other safety devices upon the highways under their jurisdiction as they may deem necessary to indicate and carry out the provisions of chapters 12 — 27 of this title, or local traffic ordinances or to regulate, warn or guide traffic, provided the signals, signs, markings, and devices conform to the regulations and specifications established by the state traffic commission in accordance with this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 3; G.L. 1956, § 31-13-3 ; P.L. 1968, ch. 113, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 3; G.L. 1956, § 31-13-3 ; P.L. 1968, ch. 113, § 2.

        >>>>>>> origin/main

        Cross References.

        Regulation by local authorities, § 31-12-12 .

        NOTES TO DECISIONS

        Civilian Control of Traffic.

        Collectively, Rhode Island’s statutory and common law schemes indicate that the control and regulation of traffic is a duty allocated to the government, not to private individuals, such that no duty exists for an abutting landowner to control traffic on a public highway. Ferreira v. Strack, 636 A.2d 682, 1994 R.I. LEXIS 5 (R.I. 1994).

        Duty to Place Signals.

        This section speaks in permissive rather than mandatory terms. In short, the placing of traffic-control signals is a discretionary act for which no statutory duty or liability has been imposed. Polaski v. O'Reilly, 559 A.2d 646, 1989 R.I. LEXIS 105 (R.I. 1989).

        City had no statutory duty to place a stop sign at the intersection where the accident occurred, because R.I. Gen. Laws § 31-13-3 gave the city the discretionary authority to do so where it thought signs were necessary. Hudson v. City of Providence, 830 A.2d 1105, 2003 R.I. LEXIS 34 (R.I. 2003).

        Evidence.

        The presumption of regularity is available to establish essential elements in a prosecution for violation of the Motor Vehicle Code Act, so the court sustained defendant’s conviction based solely upon an officer’s testimony that defendant had gone through a flashing red light without requiring the state to introduce evidence that the signal was placed and maintained pursuant to statutory authorization. State v. Piscopio, 117 R.I. 300 , 366 A.2d 146, 1976 R.I. LEXIS 1628 (1976).

        Nonliability.

        Summary judgment for a city is affirmed in a motorist’s personal injury action where the city is alleged to have been negligent in that it allowed a stop sign at the intersection to be mutilated beyond recognition and to become obstructed from view by trees, brush, and bushes. Polaski v. O'Reilly, 559 A.2d 646, 1989 R.I. LEXIS 105 (R.I. 1989).

        City was entitled to summary judgment in a driver’s suit claiming that dangerous traffic conditions at an intersection led to a traffic accident because the city’s placement of traffic-control devices was a discretionary governmental activity shielded from R.I. Gen. Laws § 9-31-1 liability under the public-duty doctrine; although the driver claimed that the public-duty doctrine did not apply in light of the guideline of R.I. Gen. Laws § 31-13-3 , the driver failed to cite any particular state mandate with which the city allegedly did not comply. Toegemann v. City of Providence, 21 A.3d 384, 2011 R.I. LEXIS 92 (R.I. 2011).

        Collateral References.

        Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic control device at intersection. 34 A.L.R.3d 1008.

        Municipality’s liability for failure to erect traffic warnings against entering or using street which is partially barred or obstructed by construction or improvement work. 52 A.L.R.2d 689.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-4. Obedience to devices.

        The driver of any vehicle shall obey the instructions of any official traffic control device applicable to him or her placed in accordance with the provisions of chapters 12 — 27 of this title, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in those chapters. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 4; G.L. 1956, § 31-13-4 ; P.L. 2002, ch. 292, § 108.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 4; G.L. 1956, § 31-13-4 ; P.L. 2002, ch. 292, § 108.

        >>>>>>> origin/main

        Cross References.

        Authorized emergency vehicles, § 31-12-7 .

        Penalty for misdemeanors, § 31-27-13 .

        Collateral References.

        Liability for automobile accident, other than direct collision with pedestrian, as affected by reliance upon or disregard of stop-and-go signal. 2 A.L.R.3d 12.

        Liability for automobile accidents at intersection as affected by reliance upon or disregard of “yield” sign or signal. 2 A.L.R.3d 275.

        Traffic officer, liability for injury to, by motor vehicle. 98 A.L.R.2d 1169.

        Traffic sign, signal or marking, liability for accident at intersection as affected by disobedience of. 2 A.L.R.3d 12; 155; 275; 3 A.L.R.3d 180; 507.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-5. Signs prerequisite to enforcement of provisions.

        No provision of chapters 12 — 27 of this title for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, the section shall be effective even though no signs are erected or in place.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 4; G.L. 1956, § 31-13-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 4; G.L. 1956, § 31-13-5 .

        >>>>>>> origin/main

        Collateral References.

        Motorist’s liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement, or malfunctioning of stop sign or other traffic signal. 74 A.L.R.2d 242.

        Safety and traffic-control devices in traveled way, liability of governmental unit for collision with. 7 A.L.R.2d 226.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-6. Meaning of traffic control signals.

        Traffic control signals shall have the following meanings for vehicles and pedestrians:

        1. Steady green signals shall have the following meanings:
          1. Vehicular traffic facing a circular green signal is permitted to proceed straight through or turn right or left or make a U-turn movement, except as such movement is prohibited by lane-use signs, turn prohibition signs, lane markings, separate turn signal, or other traffic control devices.
              <<<<<<< HEAD
            1. Vehicular traffic, including vehicles turning right or left or making a U-turn movement, shall yield the right-of-way to:
              1. Pedestrians lawfully within an associated crosswalk; and
              2. =======
              3. Vehicular traffic, including vehicles turning right or left or making a U-turn movement, shall yield the right-of-way to:
                1. Pedestrians lawfully within an associated crosswalk; and
                2. >>>>>>> origin/main Other vehicles lawfully within the intersection.
                4. <<<<<<< HEAD
              4. =======
              5. >>>>>>> origin/main Vehicular traffic turning left or making a U-turn movement to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.
            2. Pedestrians facing a circular green signal, unless otherwise directed by a pedestrian signal or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal is first displayed.
            3. A bicyclist facing a green bicycle signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. The bicyclist shall yield the right-of-way to other vehicles within the intersection at the time the green bicycle signal is shown.
            4. Vehicular traffic facing a green arrow signal, displayed alone or in combination with another signal, is permitted to cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other signals displayed at the same time.
                <<<<<<< HEAD
              1. Vehicular traffic, including vehicles turning right or left or making a U-turn movement, shall yield the right-of-way to:
                1. Pedestrians lawfully within an associated crosswalk; and
                2. =======
                3. Vehicular traffic, including vehicles turning right or left or making a U-turn movement, shall yield the right-of-way to:
                  1. Pedestrians lawfully within an associated crosswalk; and
                  2. >>>>>>> origin/main Other vehicles lawfully within the intersection.
              2. Pedestrians facing a green arrow signal, unless otherwise directed by a pedestrian signal or other traffic control device, shall not cross the roadway.
            5. Steady yellow signals shall have the following meanings:
              1. Vehicular traffic facing a steady circular yellow signal is warned that the related green movement is being terminated and that a steady red signal will be displayed immediately thereafter when vehicular traffic shall not enter the intersection. The rules set forth concerning vehicular operation under the movement(s) being terminated shall continue to apply while the steady circular yellow signal indication is displayed.
              2. A bicyclist facing a steady yellow bicycle signal is thereby warned that the related right-of-way is being terminated and that a red bicycle signal will be shown immediately. A bicyclist facing a steady yellow bicycle signal shall stop at a clearly marked stop line, but if none, shall stop before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection. If a bicyclist cannot stop safely, the bicyclist may proceed cautiously through the intersection.
              3. Vehicular traffic facing a steady yellow arrow signal is warned that the related green arrow movement or the related flashing arrow movement is being terminated. The rules set forth concerning vehicular operation under the movement(s) being terminated shall continue to apply while the steady yellow arrow signal is displayed.
              4. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian signal or other traffic control device, shall not start to cross the roadway.
            6. Steady red signals shall have the following meanings:
              1. Vehicular traffic facing a steady circular red signal, unless entering the intersection to make another movement permitted by another signal, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal to proceed is displayed, or as provided below:
                  <<<<<<< HEAD
                1. =======
                2. >>>>>>> origin/main Except when a traffic control device is in a place prohibiting a turn on red or a steady red arrow signal is displayed, vehicular traffic facing a steady circular red signal is permitted to enter the intersection to turn right. The right to proceed with the turn shall be subject to the rules applicable after making a stop at a stop sign.
              2. Vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow, unless entering the intersection to make another movement permitted by another signal, and shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection; and shall remain stopped until a signal or other traffic control device permitting the movement indicated by the red arrow is displayed.
              3. Pedestrians facing a steady circular red or steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian signal or other traffic control device.
              4. A bicyclist facing a steady red bicycle signal shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if there is no marked crosswalk, then before entering the intersection. The bicyclist shall remain stopped until a green bicycle signal is shown.
            7. Flashing yellow signals shall have the following meanings:
              1. Vehicular traffic on an approach to an intersection facing a flashing circular yellow signal is permitted to cautiously enter the intersection to proceed straight through or turn right or left or make a U-turn except as such movement is prohibited by lane-use signs, turn prohibition signs, lane markings, turn signals, or other traffic control devices.
                  <<<<<<< HEAD
                1. Such vehicular traffic, including vehicles turning right or left or making a U-turn, shall yield the right-of-way to:
                  1. Pedestrians lawfully within an associated crosswalk; and
                  2. =======
                  3. Such vehicular traffic, including vehicles turning right or left or making a U-turn, shall yield the right-of-way to:
                    1. Pedestrians lawfully within an associated crosswalk; and
                    2. >>>>>>> origin/main Other vehicles lawfully within the intersection.
                    4. <<<<<<< HEAD
                  4. =======
                  5. >>>>>>> origin/main Vehicular traffic turning left or making a U-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when the turning vehicle is moving across or within the intersection.
                2. When a flashing circular yellow signal(s) is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay extra attention to the message contained thereon or that the regulatory or warning requirements of the other traffic control device, which may not be applicable at all times, are currently in force.
                3. Vehicular traffic, on an approach to an intersection facing a flashing yellow arrow signal, displayed alone or in combination with another signal, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal displayed at the same time.
                    <<<<<<< HEAD
                  1. Vehicular traffic, including vehicles turning right or left or making a U-turn, shall yield the right-of-way to:
                    1. Pedestrians lawfully within an associated crosswalk; and
                    2. =======
                    3. Vehicular traffic, including vehicles turning right or left or making a U-turn, shall yield the right-of-way to:
                      1. Pedestrians lawfully within an associated crosswalk; and
                      2. >>>>>>> origin/main Other vehicles lawfully within the intersection.
                      4. <<<<<<< HEAD
                    4. =======
                    5. >>>>>>> origin/main Vehicular traffic turning left or making a U-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when the turning vehicle is moving across or within the intersection.
                  2. Pedestrians facing any flashing yellow signal at an intersection, unless otherwise directed by a pedestrian signal or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal is first displayed.
                4. Flashing red signals shall have the following meanings:
                  1. Vehicular traffic, on an approach to an intersection facing a flashing circular red signal shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
                  2. When a flashing circular red signal(s) is displayed as a beacon to supplement another traffic control device, road users are notified that there is a need to pay extra attention to the message contained thereon or that the regulatory requirements of the other traffic control device, which may not be applicable at all times, are currently in force.
                  3. Vehicular traffic, on an approach to an intersection, facing a flashing red arrow signal if intending to turn in the direction indicated by the arrow shall stop at a clearly marked stop line; but if there is no stop line, before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed with the turn shall be limited to the direction indicated by the arrow and shall be subject to the rules applicable after making a stop at a stop sign.
                  4. Pedestrians facing any flashing red signal at an intersection, unless otherwise directed by a pedestrian control signal or other traffic control device, are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing red signal is first displayed.
                <<<<<<< HEAD

                History of Section. P.L. 1950, ch. 2595, art. 22, § 5; G.L. 1956, § 31-13-6 ; P.L. 1963, ch. 81, § 1; P.L. 1976, ch. 25, § 1; P.L. 2002, ch. 292, § 108; P.L. 2004, ch. 449, § 1; P.L. 2004, ch. 538, § 1; P.L. 2013, ch. 67, § 1; P.L. 2013, ch. 73, § 1; P.L. 2019, ch. 193, § 1; P.L. 2019, ch. 261, § 1.

                =======

                History of Section.

                P.L. 1950, ch. 2595, art. 22, § 5; G.L. 1956, § 31-13-6 ; P.L. 1963, ch. 81, § 1; P.L. 1976, ch. 25, § 1; P.L. 2002, ch. 292, § 108; P.L. 2004, ch. 449, § 1; P.L. 2004, ch. 538, § 1; P.L. 2013, ch. 67, § 1; P.L. 2013, ch. 73, § 1; P.L. 2019, ch. 193, § 1; P.L. 2019, ch. 261, § 1.

                >>>>>>> origin/main

                Compiler’s Notes.

                P.L. 2013, ch. 67, § 1, and P.L. 2013, ch. 73, § 1 enacted identical amendments to this section.

                P.L. 2019, ch. 193, § 1, and P.L. 2019, ch. 261, § 1 enacted identical amendments to this section.

                NOTES TO DECISIONS

                Intersection.

                A warrant which charged defendant “did not stop for the signal light at the intersection of Warwick Avenue and Occupasstuxet Road, when set red against him” does not charge an offense under subdivision (3)(i), inasmuch as the language of that subdivision is a prohibition directed against entering an intersection when the signal light was red and the language of the complaint did not charge defendant with violating such prohibition. State v. Haggerty, 89 R.I. 158 , 151 A.2d 382, 1959 R.I. LEXIS 56 (1959).

                Traffic Circles.

                When entering traffic circle on green light motorist has duty to yield right-of-way to other vehicle approaching from his left within circle only if it is then in the intersection and the approaching vehicle is required to yield the right-of-way to the motorist entering the circle from its right. Molleur v. City Dairy, 110 R.I. 58 , 290 A.2d 214, 1972 R.I. LEXIS 878 (1972).

                Collateral References.

                What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-7. Signals at places other than intersections.

        In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of § 31-13-6 shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of the sign or marking, the stop shall be made at the signal.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 5; G.L. 1956, § 31-13-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 5; G.L. 1956, § 31-13-7 .

        >>>>>>> origin/main

        Cross References.

        Railroad crossing signals, § 39-8-11 .

        Railroad warning signs, § 39-8-13 .

        Collateral References.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204; 35 A.L.R.4th 1117.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-8. Pedestrian control signals.

        Whenever special pedestrian control signals exhibiting the words “walk” or “wait” or “don’t walk” are in place the signals shall indicate as follows:

        1. Walk.  Pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
        2. Wait or don’t walk.  No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his or her crossing on the walk signal, shall proceed to a sidewalk or safety island while the “wait” or “don’t walk” signal is showing.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 6; G.L. 1956, § 31-13-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 6; G.L. 1956, § 31-13-8 .

        >>>>>>> origin/main

        Cross References.

        Pedestrians, § 31-18-1 et seq.

        Collateral References.

        Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal. 3 A.L.R.3d 557.

        Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist — modern cases. 9 A.L.R.5th 826.

        Who is a “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations? 30 A.L.R.2d 866; 35 A.L.R.4th 1117.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-9. Flashing signals.

        Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

        1. Flashing red (stop signal).  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
        2. Flashing yellow (caution signal).  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
        3. Flashing green (pedestrian signal).  When a green lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or crosswalk past the signal only with caution.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 7; P.L. 1952, ch. 2937, § 12; G.L. 1956, § 31-13-9 ; P.L. 2002, ch. 292, § 108.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 7; P.L. 1952, ch. 2937, § 12; G.L. 1956, § 31-13-9 ; P.L. 2002, ch. 292, § 108.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Evidence.

        The presumption of regularity is available to establish essential elements in a prosecution for violation of the Motor Vehicle Code Act, so the court sustained defendant’s conviction based solely upon an officer’s testimony that defendant had gone through a flashing red light without requiring the state to introduce evidence that the signal was placed and maintained pursuant to statutory authorization. State v. Piscopio, 117 R.I. 300 , 366 A.2d 146, 1976 R.I. LEXIS 1628 (1976).

        Instructions.

        A requested instruction that the defendant was not bound to anticipate the negligence of other operators, but had the right to presume that the plaintiff would obey the rules of the road as imposed by subdivision (1), was properly refused where there was no evidence that plaintiff had violated the rules of the road. Compo v. Dexter, 101 R.I. 311 , 222 A.2d 681, 1966 R.I. LEXIS 388 (1966).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-10. Unauthorized signs and devices prohibited.

        1. No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain upon any highway any traffic sign or signal bearing on it any commercial advertising without the consent of the chief of police of the city or town in which the highway is located. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
        2. Every prohibited sign, signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove it or cause it to be removed without notice.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 8; P.L. 1953, ch. 3207, § 2; G.L. 1956, § 31-13-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 8; P.L. 1953, ch. 3207, § 2; G.L. 1956, § 31-13-10 .

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanors, § 31-27-13 .

        NOTES TO DECISIONS

        Civilian Control of Traffic.

        Collectively, Rhode Island’s statutory and common law schemes indicate that the control and regulation of traffic is a duty allocated to the government, not to private individuals, such that no duty exists for an abutting landowner to control traffic on a public highway. Ferreira v. Strack, 636 A.2d 682, 1994 R.I. LEXIS 5 (R.I. 1994).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-10.1. Traffic control signal preemption devices.

        1. As used in this section, “traffic control signal preemption device” means any device, either mechanical or electrical, that emits a pulse of light or other signal that, when received by a detector attached to a traffic control signal, changes that traffic control signal to a green light or, if the traffic control signal is already green, extends the duration of the green light.
        2. Except as provided in subsection (d), no retailer or manufacturer shall sell or install any traffic control signal preemption device on a motor vehicle, nor may any such device be transported in the passenger compartment of a motor vehicle, nor be operated by the driver or passenger of a motor vehicle.
        3. Any person who shall violate the provisions of subsection (b) of this section shall be fined not less than five hundred dollars ($500), which fine shall be deposited into the state general fund.
        4. Installation of a traffic control signal preemption device is permitted on the following vehicles, and operation of the device is permitted as follows:
          1. Police department vehicles, when responding to a bona fide emergency, when used in combination with red or blue oscillating, rotating, or flashing lights;
          2. Law enforcement vehicles of state or local authorities, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights; and
          3. Vehicles of local fire departments and state or federal firefighting vehicles, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
          4. Buses under the operation and/or control of the Rhode Island public transit authority, only when used to prolong a green light signal.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2004, ch. 384, § 1; P.L. 2004, ch. 450, § 1; P.L. 2009, ch. 35, § 1; P.L. 2009, ch. 263, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-11. Injury to signs and devices.

        No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia on it or any other part of it. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 22, § 9; G.L. 1956, § 31-13-11 ; P.L. 2002, ch. 292, § 108.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 22, § 9; G.L. 1956, § 31-13-11 ; P.L. 2002, ch. 292, § 108.

        >>>>>>> origin/main

        Collateral References.

        Governmental unit, liability for collision with safety and traffic-controlled devices in traveled way. 7 A.L.R.2d 226.

        Private person negligently causing malfunctioning, removal, or extinguishment of traffic signal or sign, liability for subsequent motor vehicle accident. 64 A.L.R.2d 1364.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-12. Traffic control near road construction and maintenance operation.

        The standards set forth in section VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, prepared by the National Joint Committee on Uniform Traffic Control Devices, pertaining to situations where traffic must be moved through or around road construction and maintenance operations, are incorporated by reference and are to be considered the minimum standards relative to those situations.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1973, ch. 21, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-13. Hospital sign indicating emergency treatment facility.

        The director of transportation is directed to include on all signs indicating a hospital area, directions to a hospital, or the presence of a hospital, and whether the hospital has an emergency treatment facility.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1974, ch. 238, § 1; P.L. 2008, ch. 98, § 13; P.L. 2008, ch. 145, § 13.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-13-14. Time period to complete projects.

        All projects approved by the state traffic commission pursuant to this chapter shall be completed before the end of the following construction season with the exception of geometric improvements/roundabouts and new signals.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2017, ch. 450, § 1; P.L. 2017, ch. 477, § 1; P.L. 2018, ch. 346, § 23.

        Compiler’s Notes.

        P.L. 2017, ch. 450, § 1, and P.L. 2017, ch. 477, § 1 enacted identical versions of this section.

        Chapter 14 Speed Restrictions

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-1. Reasonable and prudent speeds.

        No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-1 ; P.L. 2002, ch. 292, § 109.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-1 ; P.L. 2002, ch. 292, § 109.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this chapter, § 31-41.1-4 .

        Misdemeanors, penalty, § 31-27-13 .

        Testing speed of horse on highways, § 11-22-11 .

        Comparative Legislation.

        Speed restrictions:

        Conn. Gen. Stat. § 14-219 et seq.

        Mass. Ann. Laws ch. 85, § 20 et seq; ch. 90, § 17 et seq.

        NOTES TO DECISIONS

        Construction.

        This section and §§ 31-14-2 and 31-14-3 must be read together in order to apprise a driver of the legislative standard for determining what is a reasonable and proper speed in the circumstances in which he finds himself. State v. Campbell, 97 R.I. 111 , 196 A.2d 131, 1963 R.I. LEXIS 130 (1963).

        Emergency Doctrine.

        Where defendant came over the crest of a hill on a rainy night and was unable to stop when he saw stopped vehicles blocking a portion of the road, the trial judge properly refused to charge the sudden emergency doctrine which holds a party to an accident blameless when he is confronted with a sudden emergency not created by him which he could not have reasonably foreseen. Markham v. Cross Transp., 119 R.I. 213 , 376 A.2d 1359, 1977 R.I. LEXIS 1899 (1977).

        Evidence.

        Radar readings were held admissible in a speeding prosecution without prior showing of accuracy of tuning fork, used to check radar meter accuracy. State v. Sprague, 113 R.I. 351 , 322 A.2d 36, 1974 R.I. LEXIS 1186 (1974).

        Where evidence of speed violation was overwhelming, admission of prior speeding convictions into evidence was harmless error. State v. Sprague, 113 R.I. 351 , 322 A.2d 36, 1974 R.I. LEXIS 1186 (1974).

        For observation of an officer’s speedometer to be admissible in evidence, a showing that the operational efficiency of the speedometer has been tested by an appropriate method within a reasonable period of time must be made. State v. Mancino, 115 R.I. 54 , 340 A.2d 128, 1975 R.I. LEXIS 1118 (1975).

        Trial court properly found in favor of an insurer, as subrogee of its insured, in an action against an employer alleging vicarious liability for an employee’s negligence in driving the employer’s truck because the employee breached his duty by failing to control the truck sufficiently to prevent collision with insured’s house and, even though the employee was driving slowly, the employee was driving at a speed greater than was reasonably prudent under the icy road conditions, R.I. Gen. Laws § 31-14-1 . Nationwide Prop. & Cas. Ins. Co. v. D.F. Pepper Constr., 59 A.3d 106, 2013 R.I. LEXIS 23 (R.I. 2013).

        Prima Facie Evidence.

        It was within the authority of the legislature under the police power to fix a standard of care. The prima facie limit may be taken into account by the jury as evidence of excessive speed over and above the reasonable and prudent speed. This title is not unconstitutional for the reason that it was an attempt by the legislature to exercise judicial power and deprive the defendant of his property without due process of law. State v. Costakos, 92 R.I. 415 , 169 A.2d 383, 1961 R.I. LEXIS 50 (1961).

        Sufficiency of Complaint.

        Where accusation set out in the complaint was confined to the language of this section, namely, that he did drive a vehicle on the highway of this state “at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing”, it did not meet the constitutional requirement of reasonable certainty since it could not be determined whether acts described in § 31-14-2 or § 31-14-3 constituted the violation. State v. Campbell, 97 R.I. 111 , 196 A.2d 131, 1963 R.I. LEXIS 130 (1963); State v. Brown, 97 R.I. 115 , 196 A.2d 133, 1963 R.I. LEXIS 131 (1963); State v. Marsocci, 98 R.I. 478 , 204 A.2d 639, 1964 R.I. LEXIS 198 (1964).

        Suspension of License.

        Where a person was charged with driving at speed of 20 miles or more per hour greater than reasonable and prudent it was mandatory that his license be suspended under the provisions of § 31-11-18 where he pleaded guilty or nolo contendere or was adjudged guilty notwithstanding he claimed an appeal to the district court. Costakos v. Asselin, 91 R.I. 342 , 163 A.2d 52, 1960 R.I. LEXIS 104 (1960).

        Collateral References.

        Admissibility in evidence, in automobile negligence action, of charts showing braking distance, reaction times, etc. 9 A.L.R.3d 976.

        Bicycle or motorcycle, speed of. 172 A.L.R. 740.

        Custom or practice of drivers of motor vehicles as affecting liability for violation of law with respect to speed. 172 A.L.R. 1141; 77 A.L.R.2d 1327.

        Driving automobile at a speed which prevents stopping within length of vision as negligence. 44 A.L.R. 1403; 58 A.L.R. 1493; 87 A.L.R. 900; 97 A.L.R. 546.

        Duty of motor vehicle driver approaching place where children are playing or gathered, as to speed or control of car. 30 A.L.R.2d 46.

        Excessive speed not proximate cause of automobile accident, but which aggravates its consequences, as affecting extent of liability. 66 A.L.R. 1134.

        Homicide or assault in connection with operation of automobile at unlawful speed. 99 A.L.R. 756.

        Indefiniteness of automobile speed regulations as affecting validity. 6 A.L.R.3d 1326.

        Liability for accident arising from motorist’s failure to give signal for left turn between intersections, as affected by speed of respective vehicles. 39 A.L.R.2d 129.

        Liability for accident arising from motorist’s failure to give signal for right turn as affected by speed of rear vehicle. 38 A.L.R.2d 154.

        Officers or employees of public as bound by speed regulations. 19 A.L.R. 459; 23 A.L.R. 418.

        Pedestrian struck by automobile, liability for injury to, as affected by speed. 67 A.L.R. 105; 93 A.L.R. 551.

        Presumption and burden of proof of accuracy of scientific and mechanical instruments for measuring speed, temperature, time and the like. 21 A.L.R.2d 1200.

        Proof, by means of radar or other devices, of violation of speed regulations. 47 A.L.R.3d 822.

        Speed, alone or in connection with other circumstances, as gross negligence, wantonness, recklessness, or the like, under automobile guest statute. 6 A.L.R.3d 769.

        Speed as affecting reciprocal rights, duties and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction. 38 A.L.R.2d 137.

        Streetcar, negligence as to speed as affecting liability of owner of motor vehicle for injury to person who has alighted from or is waiting for. 47 A.L.R. 1258; 123 A.L.R. 791.

        Trailer, liability for injury by, as affected by speed. 84 A.L.R. 284.

        Violation of speed law as affecting violator’s right to recover for negligence. 12 A.L.R. 463.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-2. Prima facie limits.

        1. Where no special hazard exists that requires lower speed for compliance with § 31-14-1 , the speed of any vehicle not in excess of the limits specified in this section or established as authorized in this title shall be lawful, but any speed in excess of the limits specified in this section or established as authorized in this title shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
          1. Twenty-five miles per hour (25 mph) in any business or residence district;
          2. Fifty miles per hour (50 mph) in other locations during the daytime;
          3. Forty-five miles per hour (45 mph) in such other locations during the nighttime;
          4. Twenty miles per hour (20 mph) in the area within three hundred feet (300´) of any school house grounds’ entrances and exits during the daytime during the days when schools shall be open.
          5. The provisions of subdivision (4) of this subsection shall not apply except when appropriate warning signs are posted in proximity with the boundaries of the area within three hundred feet (300´) of the school house grounds, entrances, and exits.
        2. Daytime means from a half hour before sunrise to a half hour after sunset. Nighttime means at any other hour.
        3. The prima facie speed limits set forth in this section may be altered as authorized in §§ 31-14-4 — 31-14-8 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-2 ; P.L. 1958, ch. 206, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-2 ; P.L. 1958, ch. 206, § 1.

        >>>>>>> origin/main

        Cross References.

        Authorized emergency vehicles, § 31-12-7 .

        Regulation by local authorities, § 31-12-12 .

        NOTES TO DECISIONS

        Burden of Proof.

        Operator of vehicle had duty to determine for himself whether area was closely built up within meaning of former statute establishing speed limit. State v. Buchanan, 32 R.I. 490 , 79 A. 1114, 1911 R.I. LEXIS 57 (1911).

        When a special hazard exists, the legislature has placed on a defendant the burden of establishing that driving at a rate otherwise lawful was not unreasonable in the circumstances of a particular case. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Complaint.

        Where the complaint in no manner discloses whether the unreasonable operation with which the defendant is therein charged was in excess of the speed limits provided in this section or resulted from a failure to reduce speed in the face of one of the hazards provided for in § 31-14-3 , it was obviously so vague and indefinite as to be violative of Const., art. I, § 10. State v. Campbell, 97 R.I. 111 , 196 A.2d 131, 1963 R.I. LEXIS 130 (1963); State v. Brown, 97 R.I. 115 , 196 A.2d 133, 1963 R.I. LEXIS 131 (1963); State v. Marsocci, 98 R.I. 478 , 204 A.2d 639, 1964 R.I. LEXIS 198 (1964).

        A criminal complaint for operating a motor vehicle at an unreasonable speed which charged the defendant with operating “at a speed in excess of twenty-five miles per hour in a residential district” alleged the offense with sufficient definiteness. State v. Reis, 107 R.I. 188 , 265 A.2d 651, 1970 R.I. LEXIS 757 (1970).

        A complaint charging that the defendant traveled at an unreasonable speed by exceeding the speed limits specified by this section is sufficient without the inclusion of any charge that he was driving at an unreasonable speed pursuant to the definitions and requirements of §§ 31-14-1 and 31-14-3 . State v. Lutye, 109 R.I. 490 , 287 A.2d 634, 1972 R.I. LEXIS 1211 (1972).

        Where complaint stated limit was 40 m.p.h. in business-residential area and 25 m.p.h. is prima facie unreasonable defendant’s assertion of material variance between complaint and proof defendant clocked at 75 m.p.h. did not merit dismissal. State v. Gabriau, 113 R.I. 420 , 322 A.2d 30, 1974 R.I. LEXIS 1193 (1974).

        Construction With Other Sections.

        The words “appropriate reduced speed” clearly require the operator of a motor vehicle, if confronted with one of such hazards enumerated in § 31-14-3 , to drive at a reduced speed even below that which in the absence of such hazard would otherwise be lawful. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Section 31-14-1 is incorporated by reference into this section which expressly provides what speeds are reasonable and prudent in certain specified situations and at different times of the day or night and these sections with § 31-14-3 are to be read together in order to apprise a driver of the legislative standard for determining what is a reasonable and proper speed in the circumstances in which he finds himself. State v. Campbell, 97 R.I. 111 , 196 A.2d 131, 1963 R.I. LEXIS 130 (1963).

        The definition of “highway” in § 31-1-23(a) (now see (i)) includes freeway or interstate highway for the purposes of this section. State v. Sprague, 113 R.I. 351 , 322 A.2d 36, 1974 R.I. LEXIS 1186 (1974).

        Evidence.

        Operator had no right to assume that no one would attempt to overtake him even though he was proceeding at statutory speed limit. McWright v. Providence Tel. Co., 47 R.I. 196 , 131 A. 841, 1926 R.I. LEXIS 29 (1926).

        It was within the authority of the legislature under the police power to fix a standard of care. The prima facie limit may be taken into account by the jury as evidence of excessive speed over and above the reasonable and prudent speed. This title is not unconstitutional for the reason that it was an attempt by the legislature to exercise judicial power and deprive the defendant of his property without due process of law. State v. Costakos, 92 R.I. 415 , 169 A.2d 383, 1961 R.I. LEXIS 50 (1961).

        Contention of appellant that appellee’s speed at time of an intersectional collision, being in excess of the posted limits under the weather and driving conditions then existing, would be prima facie evidence of operation at an unreasonable speed, could not be held as so by the court, for to reach such conclusion the trial justice would of necessity have to draw an inference from the evidence favorable to the party moving for a directed verdict, whereas under the settled rule only inferences may be drawn as are favorable to the unmoving party. Calci v. Brown, 95 R.I. 216 , 186 A.2d 234, 1962 R.I. LEXIS 149 (1962).

        The prima facie evidence of unreasonable speed resulting under this section from exceeding specified speed limits is to be submitted and weighed along with all other probative evidence, and does not become inoperative upon the introduction of rebutting evidence as would a rebuttable presumption. State v. Lutye, 109 R.I. 490 , 287 A.2d 634, 1972 R.I. LEXIS 1211 (1972).

        Instructions.

        Where trial judge gave jury an instruction using basically the language of this section, the plaintiff was entitled to have the instruction supplemented with a definition of the term “prima facie evidence”. Armstrong v. Polaski, 117 R.I. 565 , 369 A.2d 249, 1977 R.I. LEXIS 1727 (1977).

        Intent of Legislature.

        The legislature has established certain standards or rules as to speed at different times and places and has said that speeds in excess of those stated shall be prima facie evidence of unreasonable or imprudent speed. The legislature has endeavored to make definite what was indefinite and to provide a standard of care so that motorists might know what the state considered to be a reasonable and what an unreasonable speed. State v. Costakos, 92 R.I. 415 , 169 A.2d 383, 1961 R.I. LEXIS 50 (1961).

        Acting within its exclusive prerogative to declare public policy the legislature has provided that failure to drive at an appropriate speed at a time or place when one of the enumerated hazards of § 31-14-3 exists, would constitute a misdemeanor. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Collateral References.

        Indefiniteness of automobile speed regulations as affecting validity. 6 A.L.R.3d 1326.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-3. Conditions requiring reduced speed.

        1. The driver of every vehicle shall, consistent with the requirements of § 31-14-1 , drive at an appropriate, reduced speed when approaching and crossing an intersection or railroad grade crossing; when approaching and going around a curve; when approaching a hill crest; when traveling upon any narrow or winding roadway; when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions; and in the presence of emergency vehicles displaying flashing lights as provided in § 31-24-31 , tow trucks, transporter trucks, highway maintenance equipment displaying flashing lights (while performing maintenance operations), and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        2. When an authorized vehicle, as described in subsection (a), is parked or standing within twelve feet (12´) of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe, and when not otherwise directed by an individual lawfully directing traffic, do one of the following:
          1. Move the vehicle into a lane that is not the lane nearest the parked or standing authorized highway maintenance equipment displaying flashing lights (while performing maintenance operations) or emergency vehicle and continue traveling in that lane until safely clear of the authorized highway maintenance equipment displaying flashing lights (while performing maintenance operations) or emergency vehicle. This paragraph applies only if the roadway has at least two (2) lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
          2. Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed until completely past the authorized highway maintenance equipment displaying flashing lights (while performing maintenance operations) or emergency vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic. <<<<<<< HEAD =======

            >>>>>>> origin/main Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-3 ; P.L. 2002, ch. 292, § 109; P.L. 2005, ch. 63, § 2; P.L. 2005, ch. 65, § 2; P.L. 2008, ch. 131, § 1; P.L. 2008, ch. 194, § 1; P.L. 2014, ch. 49, § 1; P.L. 2014, ch. 56, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 1; G.L. 1956, § 31-14-3 ; P.L. 2002, ch. 292, § 109; P.L. 2005, ch. 63, § 2; P.L. 2005, ch. 65, § 2; P.L. 2008, ch. 131, § 1; P.L. 2008, ch. 194, § 1; P.L. 2014, ch. 49, § 1; P.L. 2014, ch. 56, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2014, ch. 49, § 1, and P.L. 2014, ch. 56, § 1 enacted identical amendments to this section.

        NOTES TO DECISIONS

        Applicability.

        This section has no application to a motorist who had come to a complete stop. Tavares v. Barbour, 790 A.2d 1110, 2002 R.I. LEXIS 29 (R.I. 2002).

        Burden of Proof.

        When a special hazard exists, the legislature has placed on a defendant the burden of establishing that driving at a rate otherwise lawful was not unreasonable in the circumstances of a particular case. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Construction of Section.

        Vehicle already proceeding at rate that was reasonable for an intersection was not required to reduce speed on approaching intersection. McWright v. Providence Tel. Co., 47 R.I. 196 , 131 A. 841, 1926 R.I. LEXIS 29 (1926).

        This section was intended to prohibit the crossing of an intersection or railway grade crossing without a reduction in speed. State v. McGuire, 90 R.I. 191 , 156 A.2d 496, 1959 R.I. LEXIS 135 (1959).

        Acting within its exclusive prerogative to declare public policy, the legislature has provided that failure to drive at an appropriate speed at a time or place, when one of the enumerated hazards of this section exists, would constitute a misdemeanor. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Contention of defendant that since road did not cross avenue, it becoming dead-end at avenue, and only intersected what is stated to be the easterly side thereof, that it is not an intersection, was overruled, there being no merit in this contention for the legislature was mindful that traffic on the road would inevitably feed into the traffic on the avenue. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        The trial justice’s holding that the use of conjunction “and” preceding the fifth and final clause showed that the legislature intended such clause to be in the disjunctive, constituting a separate violation of the provisions of § 31-14-1 , was supported on thorough reading and careful analysis of this chapter. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Criminal Complaint.

        Absence of allegation in criminal complaint that defendant failed to reduce his speed when approaching “and crossing” an intersection rendered the complaint for not reducing speed when approaching intersection invalid. State v. McGuire, 90 R.I. 191 , 156 A.2d 496, 1959 R.I. LEXIS 135 (1959).

        Where the complaint in no manner discloses whether the unreasonable operation with which the defendant is therein charged was in excess of the speed limits provided in § 31-14-2 or resulted from a failure to reduce speed in the face of one of the hazards provided for in this section, it was obviously so vague and indefinite as to be violative of Const., art. I, § 10. State v. Brown, 97 R.I. 115 , 196 A.2d 133, 1963 R.I. LEXIS 131 (1963). See also State v. Campbell, 97 R.I. 111 , 196 A.2d 131, 1963 R.I. LEXIS 130 (1963); State v. Marsocci, 98 R.I. 478 , 204 A.2d 639, 1964 R.I. LEXIS 198 (1964).

        Emergency Doctrine.

        Where defendant came over the crest of a hill on a rainy night and was unable to stop when he saw stopped vehicles blocking a portion of the road, the trial judge properly refused to charge the sudden emergency doctrine which holds a party to an accident blameless when he is confronted with a sudden emergency not created by him which he could not have reasonably foreseen. Markham v. Cross Transp., 119 R.I. 213 , 376 A.2d 1359, 1977 R.I. LEXIS 1899 (1977).

        Evidence.

        Where defendant was charged with failing to drive at an appropriate reduced speed when approaching and going around a curve, and a sketch giving exact distances relative to the car, the poles and skid marks, and pictures were introduced showing the position and condition of the car, poles and skid marks, it was not error for the court to admit the testimony of the investigating officer who said defendant admitted being the driver of the car. State v. Wheeler, 92 R.I. 389 , 169 A.2d 7, 1961 R.I. LEXIS 43 (1961).

        Officer’s estimate of speed at which defendant was approaching and crossing the intersection was admissible even though no foundation was laid to qualify him as an expert, such not being necessary, since the only question was whether defendant reduced his speed as he approached and crossed the intersection. State v. Noble, 95 R.I. 263 , 186 A.2d 336, 1962 R.I. LEXIS 153 (1962).

        Sufficient.

        Where there was sufficient evidence from which the jury could have inferred that the defendant was negligent by failing to reduce speed when approaching an intersection in poor weather, and where there was a jury question as to whether a second injury aggravated an injury sustained in the first incident, the trial court erred in granting judgment as a matter of law for the defendant. Martino v. Leary, 739 A.2d 1181, 1999 R.I. LEXIS 180 (R.I. 1999).

        Collateral References.

        Duty of motor vehicle driver approaching place where children are playing or gathered. 30 A.L.R.2d 5.

        Liability of motorist for injury to child on skateboard. 24 A.L.R.5th 780.

        Who is “pedestrian” with respect to rights given and duties imposed, by traffic rules and regulations? 30 A.L.R.2d 866; 35 A.L.R.4th 1117.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-4. Alteration of prima facie limits by traffic commission.

        Whenever the state traffic commission shall determine upon the basis of an engineering and traffic investigation that any prima facie speed set forth in § 31-14-2 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the commission may determine and declare a reasonable and safe prima facie speed limit for that place which shall be effective at all times or during hours of daylight or darkness, or at any other times that may be determined when appropriate signs giving notice of limits are erected at the intersection or other place or part of the highway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 2; G.L. 1956, § 31-14-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 2; G.L. 1956, § 31-14-4 .

        >>>>>>> origin/main 31-14-4.1. Reduction of the prima facie limits in historic districts and on scenic highways.

        Whenever the state traffic commission shall determine that any prima facie limit set forth in § 31-14-2 is greater than is reasonable in any historic district listed on the National Register of Historic Places or on any road duly recognized as a scenic highway by the scenic highway board in accordance with the provisions of chapter 14 of title 24, the commission shall determine and declare a reasonable and safe prima facie limit, in the manner set forth in § 31-14-4 , in order to provide for the preservation of the historical character of the district or the scenic quality of the highway, provided that:

        1. The reduced prima facie limit shall be for a length of road not to exceed one mile or the distance between the boundaries of the district, whichever distance is the lesser, and
        2. The reduced prima facie limit shall not result in traffic congestion.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1991, ch. 187, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-5. Reduction by local authorities of speed limits at local intersections and streets within business or residence districts.

        Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the prima facie speed permitted under this chapter at any intersection or local street within a business or residence districts is greater than is reasonable or safe under the conditions found to exist at the intersection, or local street within business or residence districts, the local authority, subject to § 31-14-8 , shall determine and declare a reasonable and safe prima facie speed limit at that place, which shall be effective at all times or during hours of daylight or darkness or at any other times that may be determined when appropriate signs giving notice of it are erected at the intersection or local street within a business or residence district or at its approaches.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-5 ; P.L. 1986, ch. 299, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-5 ; P.L. 1986, ch. 299, § 1.

        >>>>>>> origin/main

        Collateral References.

        Conflict between statutes and local regulations as to speed. 21 A.L.R. 1187; 64 A.L.R. 993; 147 A.L.R. 522.

        Delegation of legislative power to regulate speed. 87 A.L.R. 554.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-6. Increase by local authorities of speed limits in business and residence districts.

        Local authorities in their respective jurisdictions may in their discretion, but subject to § 31-14-8 , authorize by ordinance or by authority granted to any organized traffic engineering department, higher prima facie speeds than those stated in § 31-14-2 upon through highways or upon highways or portions of highways where there are no intersections or between widely spaced intersections, which higher prima facie speed shall be effective at all times or during hours of daylight or at any other times that may be determined when signs are erected giving notice of the authorized speed. Local authorities shall not have authority to modify or alter the basic rule set forth in § 31-14-1 or in any event to authorize by ordinance a speed in excess of fifty miles per hour (50 mph) during the daytime or forty-five miles per hour (45 mph) during nighttime.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-6 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-6 .

        >>>>>>> origin/main 31-14-7. Reduction by local authorities of speed limits in open areas.

        Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the prima facie speed permitted under this chapter upon any street or highway outside a business or residence district is greater than is reasonable or safe under the conditions found to exist upon the street or highway, the local authority may determine and declare a reasonable and safe prima facie limit on that street or highway, but in no event less than thirty-five miles per hour (35 mph) and subject to § 31-14-8 , which reduced prima facie limit shall be effective at all times or during hours of darkness or at any other times that may be determined when appropriate signs giving notice of the authorized speed are erected upon the street or highway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 3; G.L. 1956, § 31-14-7 .

        >>>>>>> origin/main 31-14-8. Local alteration of limits on state highways.

        Alteration of prima facie limits on state highways or extensions of them in a municipality by local authorities shall not be effective until the alteration has been approved by the state traffic commission.

        History of Section. P.L. 1950, ch. 2595, art. 25, § 3; P.L. 1950 (s.s.), ch. 2639, § 4; G.L. 1956, § 31-14-8 .

        <<<<<<< HEAD

        NOTES TO DECISIONS =======

        History of Section. >>>>>>> origin/main

        Validity of Local Alteration.

        Where defendant was not charged with operating at a speed in excess of that provided by § 31-14-2 , but only in excess of the speed limit as prescribed by city ordinance in accordance with the provisions of this section, such ordinance should have been shown by the introduction of such regulation in evidence or a certified copy thereof, and there should also have been evidence of the approval of such regulations by the state traffic commission and testimony by the traffic engineer as to the adoption of such regulation was insufficient. State v. Palmer, 95 R.I. 6 , 182 A.2d 324, 1962 R.I. LEXIS 117 (1962).

        <<<<<<< HEAD

        =======

        NOTES TO DECISIONS

        Validity of Local Alteration.

        Where defendant was not charged with operating at a speed in excess of that provided by § 31-14-2 , but only in excess of the speed limit as prescribed by city ordinance in accordance with the provisions of this section, such ordinance should have been shown by the introduction of such regulation in evidence or a certified copy thereof, and there should also have been evidence of the approval of such regulations by the state traffic commission and testimony by the traffic engineer as to the adoption of such regulation was insufficient. State v. Palmer, 95 R.I. 6 , 182 A.2d 324, 1962 R.I. LEXIS 117 (1962).

        >>>>>>> origin/main 31-14-9. Minimum speed.

        1. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
        2. Police officers are authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance with this section, the continued slow operation by a driver shall be a civil violation and is subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 4; G.L. 1956, § 31-14-9 ; P.L. 1999, ch. 218, art. 6, § 7; P.L. 2002, ch. 292, § 109.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 4; G.L. 1956, § 31-14-9 ; P.L. 1999, ch. 218, art. 6, § 7; P.L. 2002, ch. 292, § 109.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Negligence.

        Where, although the evidence of the decedent’s negligence was very strong, a reasonable jury could conclude that the defendant’s driving of his loaded tractor trailer at fifteen miles per hour in the passing lane only 60 feet from the entrance to the highway was also, to some degree, negligent operation of his vehicle, summary judgment for the defendant was vacated. Lord v. Major, 729 A.2d 697, 1999 R.I. LEXIS 108 (R.I. 1999).

        =======
        Negligence.

        Where, although the evidence of the decedent’s negligence was very strong, a reasonable jury could conclude that the defendant’s driving of his loaded tractor trailer at fifteen miles per hour in the passing lane only 60 feet from the entrance to the highway was also, to some degree, negligent operation of his vehicle, summary judgment for the defendant was vacated. Lord v. Major, 729 A.2d 697, 1999 R.I. LEXIS 108 (R.I. 1999).

        >>>>>>> origin/main

        Collateral References.

        Application and effect, in civil motor vehicle accident case, of “slow speed” traffic statute prohibiting driving at such a slow speed as to create danger, to impede normal traffic movement and the like. 66 A.L.R.2d 1194.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-10. Nighttime limits for motor-driven cycles.

        No person shall operate any motor-driven cycle at any time mentioned in § 31-24-1 at a speed greater than thirty-five miles per hour (35 mph) unless the motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet (300´) ahead.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 5; G.L. 1956, § 31-14-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 5; G.L. 1956, § 31-14-10 .

        >>>>>>> origin/main

        Cross References.

        Lighting requirements on motor driven cycles, § 31-24-25 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-11. Vehicles with solid rubber or cushion tires.

        No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour (10 mph).

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 6; G.L. 1956, § 31-14-11 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 6; G.L. 1956, § 31-14-11 .

        >>>>>>> origin/main 31-14-12. Speed limits on bridges and structures.

        1. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, when the structure is signposted as provided in this section.
        2. The state traffic commission upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway. If it shall find that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall determine and declare the maximum speed of vehicles which the structure can withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a distance of one hundred feet (100´) before each end of the structure.
        3. Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the commission and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 6; G.L. 1956, § 31-14-12 ; P.L. 2002, ch. 292, § 109.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 6; G.L. 1956, § 31-14-12 ; P.L. 2002, ch. 292, § 109.

        >>>>>>> origin/main 31-14-12.1. Special speed limits in highway construction and maintenance operations.

        1. Whenever the department of transportation or local governing unit with jurisdiction over the highways determines that the preexisting established speed limit through a highway construction or maintenance operation is greater than is reasonable or safe with respect to the conditions expected to exist in that operation, it may, on highways under its respective jurisdiction, determine and declare reasonable and safe absolute maximum temporary speed limits applicable through all or part of the operation. A temporary speed limit so determined and declared shall become effective and shall suspend the applicability of any other speed limit prescribed in this chapter when appropriate signs of the design prescribed by the department giving notice of the limits are erected at or along the operation. When these signs are erected, the total of fines, penalties, and costs assessed upon conviction shall be twice the amount otherwise set by the general laws.
        2. When street, highway or bridge construction, or a maintenance operation is present, the department of transportation or local governing unit with jurisdiction over the street or highway shall erect signs declaring that the fine for a conviction of a traffic violation, as defined by § 31-41.1-4 , through the “temporary traffic control zone” shall be doubled. When these signs are erected, the total of the fines, penalties, and costs assessed upon conviction shall be twice the amount otherwise set by the general laws. The prescribed legend for the signs shall be established by the department of transportation.
        3. For the purposes of this section, “temporary traffic control zone” means that portion of a bridge, street, or highway that is identified by official traffic-control devices. The zone includes the entire section of roadway between the first advance warning sign through the last traffic control device, where traffic returns to its normal path and conditions. This zone shall exist throughout the duration of the construction or maintenance operation or as long as the signs remain.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1996, ch. 206, § 1; P.L. 2008, ch. 98, § 14; P.L. 2008, ch. 145, § 14.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-14-13. Burden of proof in civil actions.

        The provisions of this chapter declaring prima facie speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 25, § 7; G.L. 1956, § 31-14-13 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 25, § 7; G.L. 1956, § 31-14-13 .

        >>>>>>> origin/main

        Collateral References.

        Experimental evidence as to speed of vehicles. 8 A.L.R. 33; 85 A.L.R. 479.

        Chapter 15 Passing, Use of Lanes, and Rules of the Road

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-1. Right half of road.

        Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

        1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing the movement;
        2. When the right half of a roadway is closed to traffic while under construction or repair;
        3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable to it; or
        4. Upon a roadway designated and signposted for one-way traffic.
        5. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 1; G.L. 1956, § 31-15-1 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 1; G.L. 1956, § 31-15-1 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Comparative Legislation.

        Rules of road:

        Conn. Gen. Stat. § 14-212 et seq.

        Mass. Ann. Laws, ch. 89, § 1 et seq.

        NOTES TO DECISIONS

        Burden of Proof.

        In a prosecution under this section the burden of proving that the defendant fell under one of the exceptions is on the defendant. State v. Mancino, 115 R.I. 54 , 340 A.2d 128, 1975 R.I. LEXIS 1118 (1975).

        Local Ordinances.

        Municipal ordinance not in conflict with this section is not invalid. State v. Berberian, 100 R.I. 274 , 214 A.2d 465, 1965 R.I. LEXIS 389 (1965).

        Collateral References.

        Admissibility in action involving motor vehicle accident, of evidence as to manner in which participant was driving before reaching scene of accident. 46 A.L.R.2d 9.

        “Emergency rule” as applied to motorist in passing other vehicles. 79 A.L.R. 1297; 111 A.L.R. 1019.

        Liability of one turning motor vehicle to the left in getting out of rut or over ridge or the like in highway. 10 A.L.R.2d 908; 912.

        Operation of statutory regulations where driver of motor vehicle attempts to pass on the right of other motor vehicle proceeding in the same direction. 38 A.L.R.2d 123.

        Pedestrian struck by automobile, liability for injury to, as affected by driving on wrong side. 67 A.L.R. 100; 93 A.L.R. 551.

        Reciprocal duties of drivers of vehicles proceeding in same direction. 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        Responsibility for collision at night of automobiles, one of which, with lights one, is moving on wrong side of the road. 59 A.L.R. 590.

        Right or duty to turn in violation of law to avoid traveler or obstacle. 24 A.L.R. 1304; 63 A.L.R. 277; 113 A.L.R. 1328.

        Rights and liabilities as between drivers of motor vehicles proceeding in same direction where one or both attempt to pass on left of another vehicle so proceeding. 27 A.L.R.2d 317.

        Towing automobile on wrong side of street or highway, liability for injury incident to, as affected by contributory negligence. 30 A.L.R.2d 1051.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-2. Slow traffic to right.

        Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 1; G.L. 1956, § 31-15-2 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 1; G.L. 1956, § 31-15-2 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main 31-15-3. Passing of vehicles proceeding in opposite directions.

        Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having a width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 2; G.L. 1956, § 31-15-3 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 2; G.L. 1956, § 31-15-3 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Overtaking.

        Traveler who turned to the left to overtake other teams in condition of limited visibility assumed the risk that he would be unable to return to the right in time to avoid a team approaching from the opposite direction. Angell v. Lewis, 20 R.I. 391 , 39 A. 521, 1898 R.I. LEXIS 66 (1898), limited, Ribas v. Revere Rubber Co., 37 R.I. 189 , 91 A. 58, 1914 R.I. LEXIS 63 (1914).

        Operator turning to the left to overtake another vehicle under conditions where visibility was unimpaired and way was apparently clear would assume no duty greater than to use reasonable care. Ribas v. Revere Rubber Co., 37 R.I. 189 , 91 A. 58, 1914 R.I. LEXIS 63 (1914).

        Traveled Part of Road.

        Traveled part of the road, within the meaning of former statute, included the whole width from curb to curb, if suitable for travel, not just the paved portion customarily used. Winter v. Harris, 23 R.I. 47 , 49 A. 398, 1901 R.I. LEXIS 92 (1901).

        Collateral References.

        Right or duty to turn in violation of law of road to avoid vehicle approaching from opposite direction. 24 A.L.R. 1308; 63 A.L.R. 277; 113 A.L.R. 1328.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-4. Overtaking on left.

        The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules stated in this chapter:

        1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give a timely, audible signal and shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
        2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 3; G.L. 1956, § 31-15-4 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 3; G.L. 1956, § 31-15-4 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Charge to Jury.

        Although evidence was conflicting, where there was testimony that plaintiff had driven on third lane in passing truck, court was warranted in referring to this section in his charge to the jury. Lanni v. United Wire & Supply Corp., 87 R.I. 121 , 139 A.2d 149, 1958 R.I. LEXIS 35 (1958).

        =======
        Charge to Jury.

        Although evidence was conflicting, where there was testimony that plaintiff had driven on third lane in passing truck, court was warranted in referring to this section in his charge to the jury. Lanni v. United Wire & Supply Corp., 87 R.I. 121 , 139 A.2d 149, 1958 R.I. LEXIS 35 (1958).

        >>>>>>> origin/main

        Collateral References.

        Accelerating speed to prevent car behind from passing. 91 A.L.R.2d 1260.

        Rights and liabilities as between drivers of motor vehicles proceeding in same direction where one or both attempt to pass on left of another vehicle so proceeding. 27 A.L.R.2d 317.

        Wrong side of road, failure to look for or discover automobile approaching on, as negligence. 79 A.L.R. 1073; 145 A.L.R. 536.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-5. Overtaking on the right.

        1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
          1. When the vehicle overtaken is making or about to make a left turn;
          2. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety. In no event shall the movement be made by driving off the pavement or main-traveled portion of the roadway.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 4; G.L. 1956, § 31-15-5 ; P.L. 1970, ch. 107, § 1; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 4; G.L. 1956, § 31-15-5 ; P.L. 1970, ch. 107, § 1; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-6. Clearance for overtaking.

        No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction, unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet (100´) of any vehicle approaching from the opposite direction. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 5; G.L. 1956, § 31-15-6 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 5; G.L. 1956, § 31-15-6 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-7. Places where overtaking prohibited.

        1. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
          1. When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
          2. When approaching within one hundred feet (100´) of or traversing any intersection or railroad grade crossing;
          3. When the view is obstructed upon approaching within one hundred feet (100´) of any bridge, viaduct, or tunnel.
        2. The limitations in subsection (a) of this section shall not apply upon a one-way roadway.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 6; G.L. 1956, § 31-15-7 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 6; G.L. 1956, § 31-15-7 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Collateral References.

        Bridge or approach thereto, collision between automobiles on. 118 A.L.R. 1196.

        Curve or hill, duty in operating automobile at or on. 57 A.L.R. 589; 136 A.L.R. 1270.

        Parkway or other neutral strip, statutory definition of “intersection” as applied to streets and highways divided by. 165 A.L.R. 1418.

        Street intersection, what is, within traffic statute or regulations. 7 A.L.R.3d 1204.

        Traffic regulation prohibiting vehicles from passing one another at street intersection, construction and effect of. 53 A.L.R.2d 850.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-8. Posting of no passing zones.

        The state traffic commission is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of the zones. When the signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions given by them. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 7; G.L. 1956, § 31-15-8 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 7; G.L. 1956, § 31-15-8 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main 31-15-9. One way highways.

        1. The state traffic commission may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice of one-way traffic.
        2. Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 8; G.L. 1956, § 31-15-9 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 8; G.L. 1956, § 31-15-9 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Parking at left curb, § 31-21-8 .

        Regulation by local authorities, § 31-12-12 .

        NOTES TO DECISIONS

        Failure to Post Signs.

        The failure of city authorities to install appropriate one way signs at an intersection rendered ineffective its ordinance making the avenue in question a one-way street. In those circumstances, the defendant could not have been found to have violated subsection (b) as a matter of law. Marran v. State, 672 A.2d 875, 1996 R.I. LEXIS 47 (R.I. 1996).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-10. Rotary traffic islands.

        A vehicle passing around a rotary traffic island shall be driven only to the right of the island. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 8; G.L. 1956, § 31-15-10 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 8; G.L. 1956, § 31-15-10 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main 31-15-11. Laned roadways.

        Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent with them shall apply:

        1. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.
        2. Upon a roadway which is divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of the allocation.
        3. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of the sign.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 9; G.L. 1956, § 31-15-11 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 9; G.L. 1956, § 31-15-11 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main 31-15-12. Interval between vehicles.

        The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway, and shall, whenever traveling through a business or residential district, and whenever traffic permits, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This provision shall not apply to a caravan under police escort or a funeral procession. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        History of Section. P.L. 1950, ch. 2595, art. 26, § 10; G.L. 1956, § 31-15-12 ; P.L. 2002, ch. 292, § 110.

        <<<<<<< HEAD

        NOTES TO DECISIONS =======

        History of Section. >>>>>>> origin/main

        Negligence Not Shown.

        Driver was entitled to summary judgment as to motorists’ claim under R.I. Gen. Laws § 31-15-12 that the driver left insufficient space between the driver’s vehicle and the motorists’ vehicle because (1) nothing showed the distance between the vehicles, and (2) the statute only applied to moving vehicles, and the driver’s vehicle was stopped. Wray v. Green, 126 A.3d 476, 2015 R.I. LEXIS 114 (R.I. 2015).

        <<<<<<< HEAD

        =======

        NOTES TO DECISIONS

        Negligence Not Shown.

        Driver was entitled to summary judgment as to motorists’ claim under R.I. Gen. Laws § 31-15-12 that the driver left insufficient space between the driver’s vehicle and the motorists’ vehicle because (1) nothing showed the distance between the vehicles, and (2) the statute only applied to moving vehicles, and the driver’s vehicle was stopped. Wray v. Green, 126 A.3d 476, 2015 R.I. LEXIS 114 (R.I. 2015).

        >>>>>>> origin/main Collateral References.

        Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession, which is claimed to have special status. 52 A.L.R.5th 155.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-12.1. Entering intersections.

        1. The driver of a motor vehicle shall not enter an intersection whether or not any traffic signal is green unless there is sufficient space in the roadway he or she is about to enter beyond the intersection to receive his or her vehicle without blocking the intersection. Violations of this section are subject to fines enumerated in section 31-41.1-4 , unless bodily injury, serious bodily injury or death occurs to any person other than the offending operator under this section.
        2. When bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined two hundred dollars ($200). When serious bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined five hundred dollars ($500) and his/her driver’s license shall be suspended for a period of three (3) months. When the death of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and his/her driver’s license shall be suspended for a period of one year.
        3. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1962, ch. 204, § 4; P.L. 2002, ch. 292, § 110; P.L. 2013, ch. 339, § 1; P.L. 2013, ch. 414, § 1.

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 1, and P.L. 2013, ch. 414, § 1 enacted identical amendments to this section.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Driver’s Duty of Care.

        In a case where plaintiff sustained severe bodily injuries when one of the automobiles involved in a two-vehicle collision struck her while she was standing at her post as a crossing guard, the trial court erred in granting summary judgment to the driver whose vehicle struck her because the driver owed a duty of care to plaintiff, and entering the intersection with a green light did not absolve him of his duty. Williams v. Alston, 154 A.3d 456, 2017 R.I. LEXIS 21 (R.I. 2017).

        =======
        Driver’s Duty of Care.

        In a case where plaintiff sustained severe bodily injuries when one of the automobiles involved in a two-vehicle collision struck her while she was standing at her post as a crossing guard, the trial court erred in granting summary judgment to the driver whose vehicle struck her because the driver owed a duty of care to plaintiff, and entering the intersection with a green light did not absolve him of his duty. Williams v. Alston, 154 A.3d 456, 2017 R.I. LEXIS 21 (R.I. 2017).

        >>>>>>> origin/main

        Collateral References.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-12.2. Don’t Block the Box.

        1. No operator of a motor vehicle shall proceed into an intersection that has been designated, posted, and marked by a municipality in accordance with subsection (b), except when making a turn, unless there is sufficient space on the opposite side of the intersection to accommodate such motor vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of a traffic control signal that would permit such operator to proceed into the intersection.
        2. Any municipality may, by ordinance, designate one or more intersections within that municipality as “Don’t Block the Box” intersections, to which the provisions of subsection (a) shall apply. The municipality shall:
          1. Post “Don’t Block the Box” signs, as designed by the state traffic commission so as to have conformity in all municipalities, at each such designated intersection indicating that blocking the intersection is prohibited and violators are subject to a fine; and
          2. Mark, in white paint, the boundary of such intersection with a line not less than one-foot in width and the area within such boundary line with parallel diagonal lines not less than one-foot in width.
        3. Prior to January 1, 2017, any motorist who violates this subsection shall be issued a verbal warning only; this verbal warning shall only apply to “Don’t Block the Box” intersections as established by subsection (b).
        4. Effective January 1, 2017, any motorist who commits a first violation of this section shall be fined one hundred dollars ($100); a second violation of this section shall be fined two hundred fifty dollars ($250); and for a third and subsequent violation of this section, five hundred dollars ($500).
        5. Any city or town that determines that it has a traffic and safety problem in its community due to violations of this section on state intersections located within its municipality may petition the state traffic commission, created by § 31-13-1 , for permission to paint “Don’t Block the Box” lines in accordance with subsection (b).
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2016, ch. 539, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-13. Divided highways.

        Whenever any highway has been divided into two (2) roadways by leaving an unpaved intervening space or by a physical barrier, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within a dividing space, barrier, or section, except through an opening in the physical barrier or dividing section or space or at a crossover or intersection established by public authority. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 11; G.L. 1956, § 31-15-13 ; P.L. 2002, ch. 292, § 110; P.L. 2013, ch. 82, § 1; P.L. 2013, ch. 89, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 11; G.L. 1956, § 31-15-13 ; P.L. 2002, ch. 292, § 110; P.L. 2013, ch. 82, § 1; P.L. 2013, ch. 89, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 82, § 1, and P.L. 2013, ch. 89, § 1 enacted identical amendments to this section.

        Collateral References.

        Parkway or other neutral strip, keeping to right on street or highway divided by. 165 A.L.R. 1418.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-14. Entry or leaving of limited-access roadways.

        No person shall drive a vehicle onto or from any limited-access roadway except at those entrances and exits that are established by public authority. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 12; G.L. 1956, § 31-15-14 ; P.L. 2002, ch. 292, § 110.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 12; G.L. 1956, § 31-15-14 ; P.L. 2002, ch. 292, § 110.

        >>>>>>> origin/main

        Cross References.

        Freeways, construction and maintenance, § 24-10-1 et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-15. Designation and posting of controlled-access roadways.

        1. The state traffic commission may, by resolution or order entered in its minutes, and local authorities may by ordinance with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of a roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motordriven cycle.
        2. The state traffic commission or the local authority adopting the prohibitory regulations shall erect and maintain official signs on the controlled access roadway on which the regulations are applicable and when so erected no person shall disobey the restrictions stated on the signs.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 26, § 13; G.L. 1956, § 31-15-15 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 26, § 13; G.L. 1956, § 31-15-15 .

        >>>>>>> origin/main 31-15-16. Use of emergency break-down lane for travel.

        No person shall operate a motor vehicle for travel on the emergency break-down lane of any highway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1978, ch. 383, § 1; P.L. 2002, ch. 292, § 110.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-17. Crossing bicycle lane.

        1. A person may not operate a motor vehicle upon a bicycle lane except when making a turn, entering or leaving the roadway or a parking lane, or when required in the course of official duty. An implement of husbandry may momentarily cross into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.
        2. Violations of this section are subject of fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2005, ch. 64, § 2; P.L. 2005, ch. 67, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-18. Unsafe passing of a person operating a bicycle; penalty.

        1. A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements:
          1. The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. For the purposes of this subdivision, a “safe distance” means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic. This subdivision does not apply to a driver operating a motor vehicle:
            1. In a lane that is separate from and adjacent to a designated bicycle lane;
            2. At a speed not greater than fifteen miles per hour (15 mph); or
            3. When the driver is passing a person operating a bicycle on the person’s right side and the person operating the bicycle is turning left.
          2. The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This subdivision does not authorize driving to the left of center of a roadway when prohibited under § 31-15-1 (failure to drive on right), § 31-15-3 (passing of vehicles proceeding in opposite directions) or § 31-15-13 (divided highway).
        2. The driver of a motor vehicle that passes a person operating a bicycle shall return to an authorized lane of traffic as soon as practicable.
        3. Violations of this section are subject to the fine enumerated in § 31-41.1-4 .
        4. This section may be cited as “Frank’s Law.”
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2010, ch. 92, § 1; P.L. 2010, ch. 132, § 1.

        Compiler’s Notes.

        P.L. 2010, ch. 191, § 1, and P.L. 2010, ch. 211, § 1, enacted identical versions of this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-19. Two-way left turn lanes.

        A two-way left turn lane may be designated near the center of a roadway for use by vehicles making left turns in both directions from or into the roadway.

        1. Two-way left turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid on each side of the lane. The department of transportation may determine and prescribe standards and specifications governing length, width, and positioning of the distinctive pavement markings. All pavement markings designating a two-way left turn lane shall conform to the department of transportation’s standards and specifications.
        2. A vehicle shall not be driven in a designated two-way left turn lane except when preparing for or making a left turn from or into a highway or when preparing for or making a U-turn when otherwise permitted by law, and shall not be driven in that lane for more than two hundred feet (200´) while preparing for and making the turn or while preparing to merge into the adjacent lanes of travel. A left turn or U-turn shall not be made from any other lane where a two-way left turn lane has been designated.
        3. This section shall not prohibit driving across a two-way left turn lane.
        4. Raised pavement markers may be used to simulate painted lines described in this section when such markers are placed in accordance with standards established by the department of transportation.
        5. Upon any vehicle entering the turn lane, no other vehicle proceeding in the opposite direction shall enter that turn lane if that entrance would prohibit the vehicle already in the lane from making the intended turn.
        6. When vehicles enter the turn lane proceeding in opposite directions, the first vehicle to enter the lane shall have the right-of-way.
        7. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2012, ch. 305, § 1; P.L. 2012, ch. 325, § 1.

        Compiler’s Notes.

        P.L. 2012, ch. 305, § 1, and P.L. 2012, ch. 325, § 1 enacted identical versions of this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-15-20. Unsafe passing of a vulnerable road user.

        1. For purposes of this section, “vulnerable road user” means:
          1. A pedestrian who is acting in compliance with chapter 18 of this title;
          2. A bicyclist who is acting in compliance with chapter 19 of this title;
          3. A police officer or emergency worker on duty when outside of a vehicle;
          4. A highway worker performing duties outside of a vehicle;
          5. A person riding on or driving a wheelchair, motorized or not, who is acting in compliance with chapter 18 of this title;
          6. A person using a skateboard, inline skates, or roller skates who is acting in compliance with chapter 19 of this title;
          7. A person riding on or driving an animal;
          8. A person riding on a scooter who is acting in compliance with chapter 19.1 of this title.
        2. Notwithstanding any other provision of the general or public laws to the contrary, any person, while operating a motor vehicle on a street or highway, who fails to exercise due care to avoid colliding with a vulnerable road user, who is the proximate cause of injury, serious injury, or death to the vulnerable road user, shall be guilty of an offense pursuant to this section and shall be sentenced, in addition to any other applicable criminal or civil statute, as follows:
          1. When bodily injury of a vulnerable road user is caused by a violation of this section, the offending operator shall be fined two hundred dollars ($200).
          2. When serious bodily injury of a vulnerable road user is caused by a violation of this section, the offending operator shall be fined five hundred dollars ($500), and the driver’s license shall be suspended for a period of three (3) months.
          3. When the death of a vulnerable road user is caused by a violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and the driver’s license shall be suspended for a period of one year.
        3. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2021, ch. 63, § 1, effective June 25, 2021; P.L. 2021, ch. 66, § 1, effective June 25, 2021.

        Compiler's Notes.

        P.L. 2021, ch. 63, § 1, and P.L. 2021, ch. 66, § 1 enacted identical versions of this section.

        Chapter 16 Starting, Stopping, and Turns

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-1. Care in starting from stop.

        No person shall start a vehicle which is stopped, standing, or parked unless and until the movement can be made with reasonable safety. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 3; G.L. 1956, § 31-16-1 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 3; G.L. 1956, § 31-16-1 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Comparative Legislation.

        Starting, stopping, and turns:

        Conn. Gen. Stat. § 14-241 et seq.

        Mass. Ann. Laws ch. 89, § 9; ch. 90, § 14 et seq.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Violation as Negligence.

        There is no question that the violation of a statute or an ordinance is not negligence per se, but it is to be used by the trier of facts merely as an aid in determining that issue a consideration of all the evidence. Salcone v. Bottomley, 85 R.I. 264 , 129 A.2d 635, 1957 R.I. LEXIS 18 (1957).

        New trial was properly granted where the verdict was against the preponderance of the evidence and thereby failed to respond to the merits of the controversy; as the court believed both parties were responsible for the car accident. Connor v. Bjorklund, 833 A.2d 825, 2003 R.I. LEXIS 197 (R.I. 2003).

        =======
        Violation as Negligence.

        There is no question that the violation of a statute or an ordinance is not negligence per se, but it is to be used by the trier of facts merely as an aid in determining that issue a consideration of all the evidence. Salcone v. Bottomley, 85 R.I. 264 , 129 A.2d 635, 1957 R.I. LEXIS 18 (1957).

        New trial was properly granted where the verdict was against the preponderance of the evidence and thereby failed to respond to the merits of the controversy; as the court believed both parties were responsible for the car accident. Connor v. Bjorklund, 833 A.2d 825, 2003 R.I. LEXIS 197 (R.I. 2003).

        >>>>>>> origin/main

        Collateral References.

        Duties and liabilities between owners or drivers of parked or parking vehicles. 25 A.L.R.2d 1224.

        Injury or damage caused by accidental starting up of parked motor vehicle, liability for. 16 A.L.R.2d 979; 43 A.L.R.3d 930; 55 A.L.R.3d 1260.

        Movement by parked automobile onto rural highway from shoulder, liability for injury or damage growing out of. 29 A.L.R.2d 128.

        Pulling out of parked motor vehicle, liability for injury or damage growing out of. 29 A.L.R.2d 107.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-2. Manner of turning at intersection.

        The driver of a vehicle intending to turn at an intersection shall do so as follows:

        1. Right turns.
          1. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
          2. Pedestrians intending to cross a lane of traffic which is required to stop or yield by a red traffic light, stop or yield sign or other traffic control device shall be granted the right-of-way.
        2. Left turns on two-way roadways.
          1. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersections, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line of it and by passing to the right of the center line where it enters the intersection, and, after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
          2. Pedestrians intending to cross a lane of traffic which is required to stop or yield by a red traffic light, stop or yield sign or other traffic control device shall be granted the right of way.
        3. Left turns on other than two way roadways.
          1. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at an intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in the direction upon the roadway being entered.
          2. Pedestrians intending to cross a lane of traffic which is required to stop or yield by a red traffic light, stop or yield sign, or other traffic control device, shall be granted the right-of-way.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 1; G.L. 1956, § 31-16-2 ; P.L. 1999, ch. 383, § 1; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 1; G.L. 1956, § 31-16-2 ; P.L. 1999, ch. 383, § 1; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Authorized emergency vehicles, § 31-12-7 .

        NOTES TO DECISIONS

        Instructions.

        An instruction which quoted all but the final sentence of subdivision (2) and concluded with, “That means in common ordinary practice you take a square corner from the right side of the roadway from where you are square to the right side of the roadway that you’re entering”, while imprecise, was hardly erroneous in the absence of evidence in the record locating the point of collision to the left of the center of the intersection. Pate v. Sutton, 107 R.I. 632 , 269 A.2d 788, 1970 R.I. LEXIS 815 (1970).

        Violation as Negligence.

        Evidence of violation of this section supported a finding of negligence. Dawson v. Bertolini, 70 R.I. 325 , 38 A.2d 765, 1944 R.I. LEXIS 57 (1944).

        Collateral References.

        Automobile turning toward bicyclist or motorcyclist or vice versa. 172 A.L.R. 746.

        Cutting corners as negligence. 6 A.L.R. 321; 115 A.L.R. 1178.

        Intersection of streets, what is, within meaning of regulations as to automobiles. 7 A.L.R.3d 1204.

        Law of road, right or duty to turn in violation of. 24 A.L.R. 1312; 63 A.L.R. 277; 113 A.L.R. 1328.

        Parkway or other neutral strip, statutory definition of “intersection” as applied to streets and highways divided by. 165 A.L.R. 1418.

        Violation of traffic regulation requiring one intending to turn left at intersection to approach in traffic lane nearest to center of highway. 87 A.L.R. 1165.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-3. Marking of turn-paths at particular intersections.

        1. Local authorities in their respective jurisdictions may place markers, buttons, or signs within or adjacent to intersections, and require and direct that a different course from that specified in § 31-16-2 be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs.
        2. In view of the fact that there are many intersections, including “T” intersections, where large numbers of vehicles turn left, local authorities and traffic officers should permit and direct vehicles to turn left in two (2) lines at those intersections.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 1; G.L. 1956, § 31-16-3 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 1; G.L. 1956, § 31-16-3 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main 31-16-4. Places where U-turns prohibited.

        No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to, or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500´). Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 2; G.L. 1956, § 31-16-4 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 2; G.L. 1956, § 31-16-4 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Collateral References.

        Liability arising from collision of automobile making U-turn and another vehicle. 6 A.L.R.2d 1244; 53 A.L.R.4th 849.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-16-5. Turn signal required.

        No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in §§ 31-16-2 and 31-16-3 , or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway, unless and until the movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner described in this chapter in the event any other traffic may be affected by the movement. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-5 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-5 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        Instructions.

        Where plaintiff’s theory of automobile accident was that defendant’s failure to signal his turn was the proximate cause of the accident, he was entitled to have the trial judge instruct the jury on the obligation imposed on defendant by this section. Armstrong v. Polaski, 117 R.I. 565 , 369 A.2d 249, 1977 R.I. LEXIS 1727 (1977).

        Collateral References.

        Custom or practice of drivers of motor vehicles as affecting question of negligence as regards signs or signals. 172 A.L.R. 1141; 77 A.L.R.2d 1327.

        Left turn at intersection, violation of statute by motorist’s failure to give signal for, with respect to motor vehicle proceeding in same direction. 39 A.L.R.2d 32.

        Left turn at intersection, violation of statute by motorist’s failure to give signal for, with respect to oncoming or intersecting motor vehicle. 39 A.L.R.2d 81.

        Left turn between intersections, violation of statute by motorist’s failure to give signal for. 39 A.L.R.2d 118.

        Negligence or contributory negligence of motorist in failing to proceed in accordance with turn signal given. 84 A.L.R.4th 124.

        Reliance upon or disregard of signal given by motorist approaching street or highway intersection as affecting liability for accident. 2 A.L.R.3d 12; 155; 275; 3 A.L.R.3d 180; 507.

        Right turn, violation of statute by motorist’s failure to give signal for. 38 A.L.R.2d 151.

        Turning into intersecting street without warning as negligence toward vehicle proceeding in same direction. 24 A.L.R. 513; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-16-6. Time of signaling turn.

        A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet (100´) traveled by the vehicle before turning. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-6 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-6 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        Instructions.

        Where plaintiff’s theory of automobile accident was that defendant’s failure to signal his turn was the proximate cause of the accident, he was entitled to have the trial judge instruct the jury on the obligation imposed on defendant by this section. Armstrong v. Polaski, 117 R.I. 565 , 369 A.2d 249, 1977 R.I. LEXIS 1727 (1977).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-6.1. Penalties.

        Any person who violates the provisions of § 31-16-2 pertaining to the right-of-way of pedestrians, upon conviction, shall be sentenced to pay a fine of not more than seventy-five ($75.00).

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1999, ch. 383, § 2; P.L. 2006, ch. 216, § 64.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-16-7. Signaling of stops.

        No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner described in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-7 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 4; G.L. 1956, § 31-16-7 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Collateral References.

        Construction and operation of regulation as to unsignaled stop or slowing of motor vehicle. 29 A.L.R.2d 55.

        Stopping without warning as negligence toward driver of vehicle proceeding in same direction. 24 A.L.R. 508; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-16-8. Method of giving signals.

        Any stop or turn signal when required in this chapter shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, except as otherwise provided in § 31-16-9 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 5; P.L. 1955, ch. 3500, § 1; G.L. 1956, § 31-16-8 ; P.L. 2002, ch. 292, § 111.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 5; P.L. 1955, ch. 3500, § 1; G.L. 1956, § 31-16-8 ; P.L. 2002, ch. 292, § 111.

        >>>>>>> origin/main

        Collateral References.

        Extension of hand or arm from motor vehicle to give statutory signal as contributory negligence. 40 A.L.R.2d 245.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-9. Vehicles on which mechanical signal devices required.

        Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle exceeds twenty-four inches (24"), or when the distance from the center of the top of the steering post to the rear limit of the body or load of it exceeds fourteen feet (14´). The latter measurement shall apply to any single vehicle, and/or to any combination of vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 5; P.L. 1955, ch. 3500, § 1; G.L. 1956, § 31-16-9 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 5; P.L. 1955, ch. 3500, § 1; G.L. 1956, § 31-16-9 .

        >>>>>>> origin/main

        Comparative Legislation.

        Requiring mechanical turn signals:

        Conn. Gen. Stat. § 14-96e.

        Mass. Ann. Laws ch. 85, § 15.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16-10. Manner of giving arm signals.

        All signals required in this chapter when given by hand and arm shall be given from the left side of the vehicle in the following manner and the signals shall indicate as follows:

        1. Left turn.  Hand and arm extended horizontally;
        2. Right turn.  Hand and arm extended upward;
        3. Stop or decrease speed.  Hand and arm extended downward.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 27, § 6; G.L. 1956, § 31-16-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 27, § 6; G.L. 1956, § 31-16-10 .

        >>>>>>> origin/main

        Chapter 16.1 Idling

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16.1-1. Purpose.

        The purposes of this chapter are to protect health and the environment by reducing air emissions and to conserve fuel by restricting the unnecessary operation of diesel engines.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 557, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16.1-2. Powers of the department of environmental management.

        The department of environmental management shall have the power and authority as set forth in §§ 23-23-29.1 — 23-23-29.5 to establish rules for engine idling.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 557, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16.1-3. Restrictions on idling for diesel engines.

        No person shall on or after July 1, 2007, cause, allow or permit the unnecessary operation of the diesel engine vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60) minute period unless exempted pursuant to regulations adopted by the department of environmental management. Failure to operate the diesel engine vehicle in conformity with the rules of the department of environmental management adopted pursuant to § 23-23-20.2 shall constitute a violation of this chapter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 557, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-16.1-4. Penalties.

        Any person who violates the provisions of this chapter shall be punished by a fine of not more than one hundred dollars ($100) for the first offense, nor more than five hundred dollars ($500) for each succeeding offense.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 557, § 2.

        Chapter 17 Right-Of-Way

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-1. Right-of-way in absence of signs or signals.

        1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
        2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
        3. The right-of-way rules declared in subsections (a) and (b) of this section are modified at through highways and otherwise as stated in this chapter.
        4. Violations of this section are subject to the fines enumerated in § 31-41.1-4 , unless bodily injury, serious bodily injury or death occurs to any person other than the offending operator under this section.
        5. When bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined two hundred dollars ($200). When serious bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined five hundred dollars ($500) and his/her driver’s license shall be suspended for a period of three (3) months. When the death of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and his/her driver’s license shall be suspended for a period of one year.
        6. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 28, § 1; G.L. 1956, § 31-17-1 ; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 28, § 1; G.L. 1956, § 31-17-1 ; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 2, and P.L. 2013, ch. 414, § 2 enacted identical amendments to this section.

        Comparative Legislation.

        Right of way:

        Conn. Gen. Stat. § 14-245 et seq.

        Mass. Ann. Laws ch. 89, § 1 et seq.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Failure to Yield as Negligence.

        Exercise of right-of-way in the face of apparent danger from an approaching vehicle was negligence. Houghton v. Baillargeon, 53 R.I. 475 , 167 A. 115, 1933 R.I. LEXIS 112 (1933).

        =======
        Failure to Yield as Negligence.

        Exercise of right-of-way in the face of apparent danger from an approaching vehicle was negligence. Houghton v. Baillargeon, 53 R.I. 475 , 167 A. 115, 1933 R.I. LEXIS 112 (1933).

        >>>>>>> origin/main

        Collateral References.

        Conflict between statutes and local regulations as to duty at street intersections. 64 A.L.R. 1002; 147 A.L.R. 522.

        Custom or practice of drivers of motor vehicles as affecting liability for violation of law relating to intersections or right-of-way. 172 A.L.R. 1141; 77 A.L.R.2d 1327.

        Motorist’s liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle. 14 A.L.R.5th 193.

        Relative distances or time of reaching intersection, right-of-way as between vehicles affected by. 175 A.L.R. 1013.

        Right-of-way at street or highway intersections. 21 A.L.R. 974; 37 A.L.R. 493; 47 A.L.R. 595; 89 A.L.R. 838; 136 A.L.R. 1497.

        Streetcar, automobile driver’s right to recover for injuries due to collision with, at street intersection, as affected by his violation of statutory or municipal regulations. 46 A.L.R. 1008.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-2. Vehicle turning left or right.

        1. The driver of a vehicle within an intersection intended to turn to the left or right shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close to it as to constitute an immediate hazard, or shall yield to a pedestrian intending to cross within a crosswalk which the driver of the vehicle must travel to make the left or right turn. The driver, having so yielded and having given a signal when and as required by chapter 16 of this title, may make the left or right turn, and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left or right turn. Violations of this section are subject to the fines enumerated in § 31-41.1-4 , unless bodily injury, serious bodily injury or death occurs to any person other than the offending operator under this section.
        2. When bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined two hundred dollars ($200). When serious bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined five hundred dollars ($500) and his/her driver’s license shall be suspended for a period of three (3) months. When the death of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and his/her driver’s license shall be suspended for a period of one year.
        3. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 28, § 2; G.L. 1956, § 31-17-2 ; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 28, § 2; G.L. 1956, § 31-17-2 ; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 2, and P.L. 2013, ch. 414, § 2 enacted identical amendments to this section.

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Improper Turn.

        A driver who cuts in front of another car in an intersection while making a left turn, makes an improper turn in the face of oncoming traffic in violation of this section. Goldberg v. Goldberg, 105 R.I. 190 , 250 A.2d 373, 1969 R.I. LEXIS 737 (1969).

        =======
        Improper Turn.

        A driver who cuts in front of another car in an intersection while making a left turn, makes an improper turn in the face of oncoming traffic in violation of this section. Goldberg v. Goldberg, 105 R.I. 190 , 250 A.2d 373, 1969 R.I. LEXIS 737 (1969).

        >>>>>>> origin/main

        Collateral References.

        Liability for accident arising from failure of motorist to give signal for left turn at intersection, as against oncoming or intersecting motor vehicle. 39 A.L.R.2d 65.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-3. Intersection with through highway.

        The driver of a vehicle shall stop at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway. Violations of this section are subject to the fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1950, ch. 2595, art. 28, § 3; P.L. 1952, ch. 2937, § 13; G.L. 1956, § 13-17-3; P.L. 2006, ch. 216, § 65.

        Cross References.

        Designation of through highways, § 31-20-6 .

        Regulation by local authorities, § 31-12-12 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Determination of Guilt.

        Plaintiff was not guilty as a matter of law under the circumstance of the case where she complied with this section. Almy v. Vien, 87 R.I. 479 , 143 A.2d 143, 1958 R.I. LEXIS 81 (1958).

        =======
        Determination of Guilt.

        Plaintiff was not guilty as a matter of law under the circumstance of the case where she complied with this section. Almy v. Vien, 87 R.I. 479 , 143 A.2d 143, 1958 R.I. LEXIS 81 (1958).

        >>>>>>> origin/main

        Collateral References.

        Accidents arising from merger of traffic on limited-access highway with that from service road or ramp. 40 A.L.R.3d 1429.

        Arterial or other favored highway and nonfavored highway, rights and duties at intersection of. 58 A.L.R. 1197; 81 A.L.R. 185.

        Emergency rule as applied to automobile drivers in case of accident at street tersections. 27 A.L.R. 1203; 79 A.L.R. 1277; 111 A.L.R. 1019.

        Traffic sign or warning at favored highway, reliance upon or disregard of, as affecting liability for accident at street or highway intersection. 2 A.L.R.3d 12; 155; 275; 3 A.L.R.3d 180; 507.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-4. Vehicle entering stop or yield intersection.

        1. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs.
        2. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a crosswalk or any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
        3. The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a crosswalk or any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.
        4. Violations of this section are subject to the fines enumerated in section 31-41.1-4 , unless bodily injury, serious bodily injury or death occurs to any person other than the offending operator under this section.
        5. When bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined two hundred dollars ($200). When serious bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined five hundred dollars ($500) and his/her driver’s license shall be suspended for a period of three (3) months. When the death of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and his/her driver’s license shall be suspended for a period of one year.
        6. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 28, § 3; G.L. 1956, § 31-17-4 ; P.L. 1970, ch. 106, § 1; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 28, § 3; G.L. 1956, § 31-17-4 ; P.L. 1970, ch. 106, § 1; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 2, and P.L. 2013, ch. 414, § 2 enacted identical amendments to this section.

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Regulation by local authorities, § 31-12-12 .

        Stop signs at railroad crossings, § 31-20-3 .

        NOTES TO DECISIONS

        Charge to Jury.

        Although evidence was conflicting where there was testimony regarding the presence of a stop sign court was warranted in referring to this section in his charge to the jury. Lanni v. United Wire & Supply Corp., 87 R.I. 121 , 139 A.2d 149, 1958 R.I. LEXIS 35 (1958).

        Negligence.

        Failure to stop at a stop sign was not negligence per se where the intersecting highway had not been designated as a through highway. Audette v. New England Transp. Co., 71 R.I. 420 , 46 A.2d 570, 1946 R.I. LEXIS 13 (1946).

        A driver on a dominant highway does not have an absolute right-of-way and is not relieved of the duty of exercising due care because of the situation, even where his right-of-way is protected by a stop sign. Coutanche v. Larivierre, 107 R.I. 1 , 264 A.2d 26, 1970 R.I. LEXIS 729 (1970).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-5. Entering from private road or driveway.

        The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway and to all pedestrians attempting to cross the private road driveway or highway. Violations of this section are subject to the fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 28, § 4; G.L. 1956, § 31-17-5 ; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 28, § 4; G.L. 1956, § 31-17-5 ; P.L. 1999, ch. 383, § 3; P.L. 2006, ch. 216, § 65.

        >>>>>>> origin/main

        Collateral References.

        Emergency rule as applied to motorist in case of accident at intersection of highway and private way. 27 A.L.R. 1205; 79 A.L.R. 1277; 111 A.L.R. 1019.

        Law of road, right or duty to turn in violation of, to avoid vehicle emerging from private driveway. 63 A.L.R. 285; 113 A.L.R. 1328.

        Private crossing or driveway, duty of automobile driver at. 24 A.L.R. 946.

        Right-of-way as between vehicles in street or highway and vehicles approaching from private driveway. 50 A.L.R. 283.

        Turning at private way as negligence toward vehicle proceeding in same direction. 24 A.L.R. 512; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-5.1. Penalties.

        Any person who violates any provision of §§ 31-17-1 — 31-17-5 , pertaining to the right-of-way of pedestrians, upon conviction, shall be sentenced to pay a fine of not more than seventy-five ($75.00).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1999, ch. 383, § 4; P.L. 2006, ch. 216, § 65.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-6. Yielding to emergency vehicle.

        1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting any one or combination of red, blue, or white light visible under normal atmospheric conditions from a distance of five hundred feet (500´) to the front of the vehicle, and producing an audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
        2. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 28, § 5; G.L. 1956, § 31-17-6 ; P.L. 1993, ch. 369, § 1; P.L. 1999, ch. 446, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 28, § 5; G.L. 1956, § 31-17-6 ; P.L. 1993, ch. 369, § 1; P.L. 1999, ch. 446, § 1.

        >>>>>>> origin/main

        Cross References.

        Following fire apparatus prohibited, § 31-22-7 .

        Militiamen, right-of-way, § 30-7-6 .

        Warning devices on emergency vehicles, § 31-23-11 .

        Comparative Legislation.

        Yielding to emergency vehicles:

        Conn. Gen. Stat. § 14-283.

        Mass. Ann. Laws ch. 89, § 6A et seq.

        Collateral References.

        Construction and application of statutory provision requiring motorists to yield right-of-way to emergency vehicle. 87 A.L.R.5th 1.

        Right-of-way of vehicle carrying policeman. 65 A.L.R. 140.

        Validity of statute or ordinance giving right-of-way in streets or highways to certain classes of vehicles. 38 A.L.R. 24.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-7. Right-of-way of fire companies.

        The officers and men and women of the fire department, of any fire engine or hose company, or of any protective department or company duly chartered and organized under the laws of this state for the protection of property from fire in any city or town, with their registered fire apparatus, shall have the right of way while going to a fire or upon any alarm of fire, while responding to an emergency call; when on duty at any fire, in, upon, or through any street, highway, lane, avenue, or alley in the city or town; and when exiting or entering a fire station, garage or other department facility. Every person in or upon or owning any vehicle, or upon the street, highway, lane, avenue, or alley, who shall willfully or maliciously refuse the right of way to, or shall in any way willfully or maliciously obstruct or retard any registered fire apparatus of the fire department, fire company, protective department, or company, or any of the officers or men and women, while going to a fire or upon any alarm of fire, while responding to an emergency call, or while on duty at any fire, in, upon, or through the street, highway, lane, avenue, or alley, or when exiting or entering a fire station, garage or other department facility shall be fined not exceeding two hundred dollars ($200). However, the rights pursuant to this section of the protective department or company shall be subject, at all times, to the rights pursuant to this section of the fire department, fire engine company, and hose company.

        <<<<<<< HEAD

        History of Section. G.L. 1896, ch. 279, § 54; G.L. 1909, ch. 345, § 57; P.L. 1910, ch. 539, § 1; G.L. 1923, ch. 397, § 57; G.L. 1938, ch. 608, § 65; G.L. 1956, § 31-17-7 ; P.L. 2000, ch. 193, § 1; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        =======

        History of Section.

        G.L. 1896, ch. 279, § 54; G.L. 1909, ch. 345, § 57; P.L. 1910, ch. 539, § 1; G.L. 1923, ch. 397, § 57; G.L. 1938, ch. 608, § 65; G.L. 1956, § 31-17-7 ; P.L. 2000, ch. 193, § 1; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 2, and P.L. 2013, ch. 414, § 2 enacted identical amendments to this section.

        Cross References.

        Crossing fire hose prohibited, § 31-22-8 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-8. Right-of-way at rotary.

        1. In the absence of any traffic control device or sign, the driver of a vehicle about to enter a rotary, regardless of the direction from which the vehicle is approaching, shall yield the right-of-way to all vehicles already in the rotary. The state traffic commission shall determine the location of yield signs at rotaries. Violations of this section are subject to fines enumerated in § 31-41.1-4 , unless bodily injury, serious bodily injury or death occurs to any person other than the offending operator under this section.
        2. When bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined two hundred dollars ($200). When serious bodily injury of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined five hundred dollars ($500) and his/her driver’s license shall be suspended for a period of three (3) months. When the death of any person other than the offending operator of any motor vehicle is caused by violation of this section, the offending operator shall be fined one thousand dollars ($1,000) and his/her driver’s license shall be suspended for a period of one year.
        3. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 138, § 1; P.L. 1979, ch. 207, § 1; P.L. 2002, ch. 292, § 112; P.L. 2013, ch. 339, § 2; P.L. 2013, ch. 414, § 2.

        Compiler’s Notes.

        P.L. 2013, ch. 339, § 2, and P.L. 2013, ch. 414, § 2 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-17-9. Yielding to riders on bicycle lane.

        1. The driver of a vehicle about to cross or to turn left or right across a bicycle lane shall yield the right-of-way to any person operating a bicycle or motorized wheelchair upon the bicycle lane.
        2. Any driver of a vehicle convicted of violating the provisions of this section shall be subject to the fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2005, ch. 64, § 3; P.L. 2005, ch. 67, § 3; P.L. 2008, ch. 100, art. 12, § 7.

        <<<<<<< HEAD
        =======

        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        Chapter 18 Pedestrians

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-1. Applicability of regulations to pedestrians.

        Pedestrians shall be subject to traffic control signals at intersections as provided in §§ 31-13-6 and 31-13-7 , unless required by local ordinance to comply strictly with the signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 1; G.L. 1956, § 31-18-1 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 1; G.L. 1956, § 31-18-1 .

        >>>>>>> origin/main

        Cross References.

        Pedestrian control signals, § 31-13-8 .

        Comparative Legislation.

        Pedestrians:

        Conn. Gen. Stat. § 14-300 et seq.

        Mass. Ann. Laws ch. 90, § 14A et seq.

        Collateral References.

        Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery. 45 A.L.R.3d 658.

        Pedestrian’s duty as regards looking for automobiles when crossing street or highway. 79 A.L.R. 1073.

        Pedestrian’s duty before crossing street, to look for automobiles approaching on intersecting street. 9 A.L.R. 1248; 44 A.L.R. 1299.

        Pedestrians, validity of regulations as to crossing of street by. 49 A.L.R. 1406.

        Reliance upon or disregard of traffic signal, sign or warning, as affecting liability for injury to pedestrian at street intersection. 2 A.L.R.3d 12; 155; 275; 3 A.L.R.3d 180; 507.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        Who is “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations? 30 A.L.R.2d 866.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-2. Local ordinances.

        Local authorities are empowered by ordinance to require that pedestrians shall strictly comply with the directions of any official traffic control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 1; G.L. 1956, § 31-18-2 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 1; G.L. 1956, § 31-18-2 .

        >>>>>>> origin/main 31-18-3. Right-of-way in crosswalk.

        1. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in § 31-18-6 .
        2. Violations of this section are subject to fines enumerated in § 31-41.1-4 and in addition to any other penalty provided by law, a judge or magistrate shall impose a mandatory fine of one hundred dollars ($100) for a second or any subsequent violation of this section.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 2; G.L. 1956, § 31-18-3 ; P.L. 1999, ch. 218, art. 5, § 15; P.L. 2002, ch. 292, § 113.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 2; G.L. 1956, § 31-18-3 ; P.L. 1999, ch. 218, art. 5, § 15; P.L. 2002, ch. 292, § 113.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Instructions.

        Where the plaintiff testified that she looked to the left, but did not see defendant’s automobile approaching from that direction, and ran across the street in an unmarked crosswalk to board a bus waiting for her on the other side and ran into defendant’s car, it was not error to refuse to instruct the jury on the doctrine of last clear chance. Major v. Grieg, 102 R.I. 379 , 230 A.2d 846, 1967 R.I. LEXIS 700 (1967).

        When there was no evidence in the record indicating there was a crosswalk at the scene of an accident it was improper to give an instruction based on this section. Fox v. Allstate Ins. Co., 425 A.2d 903, 1981 R.I. LEXIS 1039 (R.I. 1981).

        Pedestrian at Fault.

        The trial justice properly found that the defendant had the last opportunity to avoid the accident and from the uncontradicted testimony of the plaintiff and of the defendant as to speed and vision, the striking of plaintiff was due to defendant’s negligence. Green v. Tingle, 92 R.I. 393 , 169 A.2d 373, 1961 R.I. LEXIS 47 (1961).

        Pedestrian With Right of Way.

        Pedestrian who had to watch traffic from three directions while entering crosswalk had the right to assume that vehicle would comply with this section. Downes v. United E. R. Co., 80 R.I. 382 , 97 A.2d 107, 1953 R.I. LEXIS 79 (1953).

        Generally speaking, a pedestrian on a crosswalk has the right-of-way, but he must still be watchful for his own safety. Green v. Tingle, 92 R.I. 393 , 169 A.2d 373, 1961 R.I. LEXIS 47 (1961).

        Collateral References.

        Parkway or other neutral strip, accidents on highway divided by. 165 A.L.R. 1418.

        Pedestrian colliding with side of automobile, liability for injury to. 25 A.L.R. 1513.

        Right-of-way at street or highway intersection as between pedestrian and vehicle. 21 A.L.R. 974; 37 A.L.R. 493; 47 A.L.R. 595.

        Statute or ordinance as affecting contributory negligence of pedestrian at street crossing. 96 A.L.R. 786.

        Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist — modern cases. 9 A.L.R.5th 826.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-4. Overtaking of vehicle stopped for pedestrian.

        1. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
        2. Whenever there are no markings to the contrary, there shall be a presumption that there is an unmarked crosswalk at any intersection.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 2; G.L. 1956, § 31-18-4 ; P.L. 1999, ch. 383, § 5.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 2; G.L. 1956, § 31-18-4 ; P.L. 1999, ch. 383, § 5.

        >>>>>>> origin/main 31-18-5. Crossing other than at crosswalks.

        Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-5 ; P.L. 2002, ch. 292, § 113.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-5 ; P.L. 2002, ch. 292, § 113.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Instructions.

        When there was no evidence in the record indicating there was a crosswalk at the scene of an accident, it was proper to give an instruction based on this section. Fox v. Allstate Ins. Co., 425 A.2d 903, 1981 R.I. LEXIS 1039 (R.I. 1981).

        Young Child.

        Where an action for personal injuries involved a 3 1/2 year old child in the middle of the block running in front of an oncoming car, the court held that a child of that age could not reasonably be expected to conform to the standard of care required by this section and sustained the trial court’s refusal to include this section in the charge to the jury. Fontaine v. Devonis, 114 R.I. 541 , 336 A.2d 847, 1975 R.I. LEXIS 1451 (1975).

        Collateral References.

        Automobile, duty and liability to person struck by, while crossing street at unusual place or diagonally. 14 A.L.R. 1176; 67 A.L.R. 313.

        Crossing street at point other than street intersection. 57 A.L.R. 1106.

        Crossing street diagonally as affecting duty of pedestrian as to looking for automobiles. 79 A.L.R. 1092.

        Skidding automobile, contributory negligence of pedestrian injured by. 58 A.L.R. 277; 113 A.L.R. 1002.

        Smoke, contributory negligence in stepping into roadway where view is obscured by. 28 A.L.R. 1279.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-6. Crossing where tunnel or overhead is provided.

        Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-6 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-6 .

        >>>>>>> origin/main 31-18-7. Crossing between intersections.

        Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 3; G.L. 1956, § 31-18-7 .

        >>>>>>> origin/main 31-18-8. Due care by drivers.

        Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle upon any roadway, shall give an audible signal when necessary, and shall exercise proper precaution upon observing any child or any obviously confused, intoxicated, or incapacitated person. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 4; G.L. 1956, § 31-18-8 ; P.L. 1976, ch. 58, § 5; P.L. 2002, ch. 292, § 113.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 4; G.L. 1956, § 31-18-8 ; P.L. 1976, ch. 58, § 5; P.L. 2002, ch. 292, § 113.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Applicability.

        Section is applicable to those drivers who encounter a child in the path of the vehicle they are driving, but had no applicability to a motorist who had come to a complete stop to discharge a child. Tavares v. Barbour, 790 A.2d 1110, 2002 R.I. LEXIS 29 (R.I. 2002).

        Collateral References.

        Child playing ball in street, liability for injury by automobile. 44 A.L.R. 1304.

        Coaster in street, injury to. 20 A.L.R. 1433; 109 A.L.R. 941.

        Coasting in street, municipal liability for injury incident to. 46 A.L.R. 1434.

        Collision with pedestrian due to swaying or swinging of motor vehicle or trailer. 1 A.L.R.2d 167.

        Construction or maintenance worker in street or highway, injury by vehicle to. 5 A.L.R.2d 757.

        Duty of motor vehicle driver approaching place where children are playing or gathered. 30 A.L.R.2d 5.

        Injury to person who, after falling in street, is struck by automobile. 62 A.L.R. 1339.

        Liability for injury to pedestrian growing out of pulling out, of parked motor vehicle. 29 A.L.R.2d 136.

        Liability for injury to pedestrian incident to towing automobile as affected by contributory negligence. 30 A.L.R.2d 1069.

        Liability of motorist for injury to child on skateboard. 24 A.L.R.5th 780.

        Person intending to board, or alighting from, streetcar or other public conveyance as “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations. 30 A.L.R.2d 879.

        Physical disability of pedestrian struck by automobile as affecting liability for injury. 62 A.L.R. 578.

        Sidewalk, injury to person on, by road vehicle. 1 A.L.R. 840; 75 A.L.R. 559.

        Traffic officer, liability for injury to. 98 A.L.R.2d 1169.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-9. Right half of crosswalks.

        Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 5; G.L. 1956, § 31-18-9 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 5; G.L. 1956, § 31-18-9 .

        >>>>>>> origin/main 31-18-10. Walking in street prohibited.

        Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are provided it shall be lawful for a person to run or jog along and upon an adjacent roadway, and if the person shall begin to walk he or she shall walk upon an available sidewalk.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-10 ; P.L. 1984, ch. 298, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-10 ; P.L. 1984, ch. 298, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Negligence.

        Walking in highway facing traffic was not negligence per se where sidewalk was in unsafe condition. Banewicz v. Sullivan, 66 R.I. 494 , 20 A.2d 273, 1941 R.I. LEXIS 59 (1941).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-11. Walking, jogging, or running on left.

        1. Where sidewalks are not provided any person walking, jogging, or running along and upon a highway shall, when practicable, walk, jog or run only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Under no circumstances shall anyone walk, run, or jog on any interstate highway within this state.
        2. Any person jogging or running during the time from one-half hour after sunset to one-half hour before sunrise, shall, in addition, wear reflective material which is visible by low beam headlamps from a distance of at least five hundred feet (500´). In no event, shall the failure to wear reflective clothing be considered as contributing negligence, nor shall the failure to wear reflective clothing be admissible as evidence in the trial of any civil action.
        3. Any person who violates the provisions of this section shall, upon conviction, be fined fifteen dollars ($15.00). If the person has been charged with failure to wear reflective material they shall be issued a citation. If any person issued a citation presents proof of purchase of reflectorized clothing or the minimum amount of reflectorized material to the issuing police department within ten (10) days, the department shall void the violation. Should an individual issued a citation fail to present the proof of purchase within the prescribed time, he or she shall be fined fifteen dollars ($15.00). The fine shall be paid by mail and paid to the traffic tribunal and shall not be recorded on the driving record of the violator.
        4. Any person found to have violated the provisions of this section more than once shall, upon conviction, be fined twenty-five dollars ($25.00) for each subsequent conviction.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-11 ; P.L. 1984, ch. 298, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-11 ; P.L. 1984, ch. 298, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Violation as Negligence.

        Violation of former statute could be considered as evidence of negligence. O'Connell v. Ford, 58 R.I. 111 , 191 A. 501, 1937 R.I. LEXIS 18 (1937).

        Collateral References.

        Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery. 45 A.L.R.3d 658.

        Left-hand side of road, contributory negligence of pedestrian injured by vehicle, in walking on. 67 A.L.R. 96; 93 A.L.R. 551.

        Person pushing bicycle as “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations. 30 A.L.R.2d 871; 35 A.L.R.4th 1117.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-11.1. Severability.

        If any portion or provision of §§ 31-18-10 and 31-18-11 is found by a court of competent jurisdiction to be invalid, the remaining parts or provisions shall remain in full force and effect.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 298, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-12. Hitchhiking in road.

        No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-12 ; P.L. 2002, ch. 292, § 113.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 29, § 6; G.L. 1956, § 31-18-12 ; P.L. 2002, ch. 292, § 113.

        >>>>>>> origin/main

        Collateral References.

        Construction and effect of anti-hitchhiking laws in action for injury to hitchhiker. 46 A.L.R.3d 964.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-13. Use of white cane restricted to blind persons.

        It is unlawful for any person, unless totally or partially blind, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2255, § 1; G.L. 1956, § 31-18-13 .

        =======

        History of Section.

        P.L. 1949, ch. 2255, § 1; G.L. 1956, § 31-18-13 .

        >>>>>>> origin/main

        Comparative Legislation.

        Use of white cane restricted:

        Conn. Gen. Stat. § 53-211.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-14. Full stop for pedestrian with guide dog or white cane.

        Whenever a pedestrian is crossing or attempting to cross a public street or highway guided by a seeing-eye guide dog or a hearing-ear signal dog clearly identified as such by a yellow harness, which has been trained and educated to guide and assist the pedestrian in traveling upon the public streets; or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where the pedestrian is attempting to cross, shall bring his or her vehicle to a full stop before arriving at the intersection or place of crossing, and before proceeding shall take any precautions that may be necessary to avoid injuring the pedestrian.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2255, § 2; G.L. 1956, § 31-18-14 ; P.L. 1979, ch. 159, § 1.

        =======

        History of Section.

        P.L. 1949, ch. 2255, § 2; G.L. 1956, § 31-18-14 ; P.L. 1979, ch. 159, § 1.

        >>>>>>> origin/main 31-18-15. Pedestrians who are blind or deaf not guided by dog or carrying white cane.

        Nothing contained in §§ 31-18-13 — 31-18-16 shall be construed to deprive any person who is blind, visually impaired, or deaf, but not carrying a cane or walking stick, or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways. In no case shall the failure of the person who is blind, visually impaired or deaf to carry a cane or walking stick, or to be guided by a guide or signal dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2255, § 3; G.L. 1956, § 31-18-15 ; P.L. 1979, ch. 159, § 2; P.L. 1999, ch. 83, § 70; P.L. 1999, ch. 130, § 70.

        =======

        History of Section.

        P.L. 1949, ch. 2255, § 3; G.L. 1956, § 31-18-15 ; P.L. 1979, ch. 159, § 2; P.L. 1999, ch. 83, § 70; P.L. 1999, ch. 130, § 70.

        >>>>>>> origin/main 31-18-16. Penalty for violations as to people who are blind.

        Any person who violates any provision of §§ 31-18-13 — 31-18-15 , upon conviction, shall be sentenced to pay a fine not more than two hundred fifty dollars ($250).

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2255, § 4; G.L. 1956, § 31-18-16 ; P.L. 1981, ch. 62, § 1; P.L. 1981, ch. 284, § 1; P.L. 1999, ch. 383, § 5.

        =======

        History of Section.

        P.L. 1949, ch. 2255, § 4; G.L. 1956, § 31-18-16 ; P.L. 1981, ch. 62, § 1; P.L. 1981, ch. 284, § 1; P.L. 1999, ch. 383, § 5.

        >>>>>>> origin/main 31-18-16.1. Failure to stop on red signal for blind person at intersection.

        Any person who shall violate the provisions of § 31-13-6(3)(i) at an intersection where a pedestrian is crossing or attempting to cross a public street or highway guided by a seeing-eye dog or a hearing-ear signal dog, clearly identified by a yellow harness, which has been trained and educated to guide and assist the pedestrian in traveling upon the public streets, or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1985, ch. 78, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-17. Pedestrians on freeways.

        Any pedestrian who shall cross any freeway as defined by § 24-10-1 , except in an emergency or to render assistance in case of an accident or unforeseen cause, shall be deemed to be guilty of a civil violation.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1967, ch. 19, § 1; P.L. 1999, ch. 218, art. 6, § 8.

        Collateral References.

        Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery for injuries or death resulting from collision with automobile. 45 A.L.R.3d 658.

        Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist — modern cases. 9 A.L.R.5th 826.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-18. Right-of-way on sidewalks.

        The driver of a vehicle crossing a sidewalk shall yield the right-of-way to all traffic proceeding along and upon the sidewalk. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 6; P.L. 2002, ch. 292, § 113.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-19. Negligence of children.

        A violation of any provision of this chapter by a child under the age of fourteen (14) shall not constitute negligence per se although a violation may be considered as evidence of negligence.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 6.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-20. Wheelchairs — Rights and duties.

        1. Every person operating a wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian.
        2. Every person riding a motorized wheelchair on a bicycle lane, trail or path shall be granted all the rights and shall be subject to all the duties applicable to the driver of a bicycle operating on a bicycle lane trail or path except: (1) when those rights or duties, by their very nature, can have no application; or (2) as otherwise specifically provided under chapters 1 — 27 of this title.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1985, ch. 116, § 2; P.L. 1996, ch. 337, § 2; P.L. 2005, ch. 64, § 4; P.L. 2005, ch. 67, § 4.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-20.1. Operation of wheelchairs — Lamps and other equipment required.

        1. Any wheelchair, motorized or manual, operating upon roadways, when in use at nighttime, shall be equipped with: a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500´) feet to the front.
        2. Every wheelchair shall be equipped with a red reflector of a type approved by the division of motor vehicles which shall be visible from six hundred (600´) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
        3. Side Reflectors.  Every wheelchair operating upon roadways, when in use at nighttime, shall be equipped with a minimum of twenty (20) square inches on each side of the wheelchair of white reflective material on the wheels or tires to indicate as nearly as possible the continuous circular shape and size of the wheels or tires of each wheelchair. All reflective material shall be visible during the hours of darkness from five hundred (500´) feet when viewed under lawful low beam headlights under normal atmospheric conditions on straight, level, unlighted roadway, and shall meet the requirements as prescribed by the division of motor vehicles.
        4. No person shall sell a wheelchair, new or used, that is not equipped with side reflectors, rear reflectors and front white light as required by this section. Wheelchairs sold to institutions for the exclusive use inside facilities shall be exempt from this section, provided that no exempt wheelchair shall be used upon roadways.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1996, ch. 337, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-20.2. Wheelchair use in roadway prohibited.

        Where sidewalks with curb-cuts and at least thirty-two (32) inches of unobstructed clear width are provided it shall be unlawful for any user of a manual or motorized wheelchair to wheel along and upon an adjacent roadway.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1996, ch. 337, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-21. Pedestrians and bike facilities.

        Except in the cases of limited access roads, and/or roads of less than twenty-three feet (23´) in width, the director of the department of transportation is authorized and directed to provide for the accommodation of bicycle and pedestrian traffic in the planning, design, construction and reconstruction, and to consider this in the resurfacing and striping of any project undertaken by the department, unless the director, after appropriate review by the director or his or her designees, determines that the inclusion of bike facilities and pedestrian access would be contrary to acceptable standards of public safety, degrade environmental or scenic quality, or conflict with existing right-of-way. In his or her deliberations, the director shall take into consideration the cost of the facilities in relationship to available funding. Bike facilities may include bicycle lanes, routes, paths or trails; permeable paved shoulders; and/or signage.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1997, ch. 102, § 1; P.L. 2000, ch. 109, § 65; P.L. 2005, ch. 64, § 4; P.L. 2005, ch. 67, § 4.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-18-22. Public information and education on the rights of pedestrians.

        A program of public information and education designed to educate the motoring public to the rights of pedestrians shall be developed by the department of transportation’s office on highway safety. The department of transportation’s office on highway safety, in cooperation with the department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 2000.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1999, ch. 383, § 6.

        Chapter 19 Operation of Bicycles

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-1. Violations.

        It is a violation for any person to do any act forbidden or fail to perform any act required in this chapter. The violations shall be adjudicated administratively under the provisions of chapter 41.1 of this title.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

        Cross References.

        Penalty for misdemeanors, § 31-27-13 .

        Comparative Legislation.

        Bicycles:

        Conn. Gen. Stat. § 14-286 et seq.

        Mass. Ann. Laws, ch. 85, § 11A et seq.

        Collateral References.

        Operation of bicycle as within drunk driving statute. 73 A.L.R.4th 1139.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-1.1, 31-19-1.2. Repealed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 640, § 2; Repealed by P.L. 2007, ch. 432, § 2, effective July 7, 2007.

        Compiler’s Notes.

        Former §§ 31-10-34 — 31-10-34 .4 concerned “bicycle trail or path” and related to rules of the road for bikeways.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-2. Responsibility of parent or guardian.

        The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of chapters 1 — 27 of this title.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

        Collateral References.

        Liability of parent for injury caused by child riding a bicycle. 70 A.L.R.3d 611.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-2.1. Helmets required on bicycle operators, bicycle passengers, skateboarders, rollerskaters, inline skaters, and scooter riders ages fifteen (15) and younger.

        Any person fifteen (15) years of age or younger who is operating or who is a passenger on a bicycle or who is using or operating a skateboard, rollerskates, scooter or inline skates on a public highway, bicycle trail or path, shared use path, park and/or recreational area, school property or on any other public right of way shall wear a helmet. The helmet shall fit the person’s head and shall be secured to the person’s head by straps while the person is operating the bicycle, skateboard, scooter, rollerskates or inline skates. The helmet shall meet the standards for helmets established by the United States Consumer Product Safety Commission (CPSC) or subsequent standards. In no event shall failure to wear a helmet be considered as contributory or comparative negligence, nor shall the failure to wear a helmet be admissible as evidence in the trial of any civil action.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1995, ch. 192, § 1; P.L. 1998, ch. 28, § 1; P.L. 2001, ch. 202, § 2; P.L. 2007, ch. 157, § 1; P.L. 2007, ch. 249, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-3. Applicability of traffic laws.

        Every person riding an electric personal assistive mobility device (“EPAMD”), riding an electric motorized bicycle, or propelling a vehicle by human power shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle by chapters 12 — 27 of this title, except as to special regulations in this chapter and except as to those provisions of chapters 12 — 27 of this title which by their nature can have no application. This section shall not forbid a bicyclist, EPAMD or electric motorized bicycle from traveling upon the shoulders of the highway except for those highways which prohibit bicyclists; provided, that an EPAMD shall possess all the rights and obligations of a pedestrian, but shall not have the rights and responsibilities of the operator of a motor vehicle and that cities and towns may regulate the operation of an EPAMD. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 1980, ch. 329, § 1; P.L. 2002, ch. 56, § 4; P.L. 2002, ch. 136, § 3; P.L. 2002, ch. 292, § 116; P.L. 2002, ch. 397, § 3.

        <<<<<<< HEAD
        =======

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

        P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

        Cross References.

        Regulation by local authorities, § 31-12-12 .

        Collateral References.

        “Pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations. 30 A.L.R.2d 871; 35 A.L.R.4th 1117.

        Reciprocal duties of drivers of automobiles and bicyclists or motorcyclists. 172 A.L.R. 736.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-4. Excessive number of persons on bicycle.

        No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except when transporting a child six (6) years of age or younger in a rear-mounted bicycle carrier and/or trailer that meets mandatory and various industry standard specifications as developed by the American Society for Testing and Materials (ASTM).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 2007, ch. 157, § 1; P.L. 2007, ch. 249, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-5. Clinging to vehicles.

        1. No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach it or himself or herself to any vehicle upon a roadway.
        2. This section shall not prohibit attaching a trailer or semi-trailer to a bicycle if that trailer or semi-trailer has been designed for this attachment.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

        Collateral References.

        Bicyclist injured while holding on to moving motor vehicle, liability to. 138 A.L.R. 1127.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19-6. Bicycles to right of road.

        Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction except where official traffic control devices (signs or pavement markings) specifically direct bicyclists to do otherwise.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 2005, ch. 64, § 5; P.L. 2005, ch. 67, § 5.

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        >>>>>>> origin/main 31-19-7. Number of bicycles abreast.

        Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on bicycle trails or paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not unduly impede traffic and, on a laned roadway, shall ride within a single lane.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 2005, ch. 64, § 5; P.L. 2005, ch. 67, § 5.

        Collateral References.

        Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist — modern cases. 9 A.L.R.5th 826.

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        >>>>>>> origin/main 31-19-8. Repealed.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; Repealed by P.L. 1980, ch. 329, § 2.

        Compiler’s Notes.

        Former § 31-19-8 concerned requiring use of bicycle path.

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        >>>>>>> origin/main 31-19-9. Carrying articles.

        No person operating a bicycle shall carry any package, bundle, or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-10. Lamps and other equipment on bicycles.

        1. Front lamp.  Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500´) to the front.
        2. Rear reflector.  Every bicycle shall be equipped with a red reflector of a type approved by the division of motor vehicles which shall be visible for six hundred feet (600´) to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet (500´) to the rear may be used in addition to the red reflector.
        3. Pedal reflectors.  No person shall sell a new bicycle or a pedal for use on a bicycle that is not equipped with a reflector of a type approved by the department, on each pedal of the bicycle which is visible from the front and rear of the bicycle during darkness from a distance of two hundred feet (200´) nor shall any person operate a bicycle without reflective pedals.
        4. Sirens or whistles.  A bicycle shall not be equipped with, nor shall any person use a bicycle equipped with, a siren or whistle.
        5. Brakes.  No person shall sell a bicycle, new or used, that is not equipped, and every bicycle, excluding bicycles that are especially designed and made for off-road use, shall be equipped with a brake or brakes which will enable the operator to stop the bicycle within twenty-five feet (25´) at a speed of ten (10) mph on dry, level, clean pavement.
        6. Side reflectors.  Every bicycle when in use at nighttime shall be equipped with a minimum of twenty (20) square inches on each side of the bicycle of white reflective material on the wheels or tires to indicate as nearly as possible the continuous circular shape and size of the wheels or tires of each bicycle. All reflective materials used in compliance with this statute shall be visible during the hours of darkness from five hundred feet (500´) when viewed under lawful low beam headlamps under normal atmospheric conditions on a straight, level, unlighted roadway, and shall meet the requirements as prescribed by the division of motor vehicles.
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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 1984, ch. 423, § 1.

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        >>>>>>> origin/main 31-19-11. Bicycles and motorized wheelchairs on sidewalks and crosswalks.

        A person may ride any vehicle operated by human power or may operate a motorized wheelchair or an electric personal assistive mobility device (“EPAMD”) as defined in § 31-1-3 upon and along a sidewalk, a bicycle lane, a bicycle route or across a roadway upon and along a crosswalk, unless prohibited by official traffic-control devices (signs).

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 1985, ch. 116, § 3; P.L. 2002, ch. 56, § 4; P.L. 2002, ch. 136, § 3; P.L. 2002, ch. 397, § 3; P.L. 2005, ch. 64, § 5; P.L. 2005, ch. 67, § 5.

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        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

        P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

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        >>>>>>> origin/main 31-19-12. Bicycles on sidewalks and crosswalks — Rights and duties.

        A person propelling a vehicle by human power or operating an electric personal assistive mobility device (“EPAMD”) upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian under the same circumstances; provided, however, that a person riding an electric personal assistive mobility device (“EPAMD”) on a sidewalk or a bicycle path or trail shall yield the right-of-way to pedestrians or give an audible signal before overtaking any passing pedestrian. Pedestrians using an EPAMD shall exercise a high degree of care when passing a pedestrian using a wheelchair, walker or other mobility aid and only pass when the width of the sidewalk exceeds five (5) feet. For purposes of this section electric personal assistive mobility devices (“EPAMD”) and electric motorized bicycles shall be prohibited from sidewalks and crosswalks in the town of New Shoreham.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2; P.L. 2002, ch. 56, § 4; P.L. 2002, ch. 136, § 3; P.L. 2002, ch. 397, § 3.

        <<<<<<< HEAD
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        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

        P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

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        >>>>>>> origin/main 31-19-13. Bicycle parking.

        1. A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device (sign).
        2. A bicycle parked on a sidewalk shall not unduly impede pedestrian or other traffic.
        3. A bicycle may be parked in the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.
        4. A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.
        5. In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of chapter 21 of this title regulating the parking of vehicles.
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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-14. Turn and stop signals.

        1. Except as provided in this section, a person riding a bicycle shall comply with § 31-16-5 .
        2. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet (100´) traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in control or operation of the bicycle.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-15. Left turns.

        1. A person riding a bicycle intending to turn left shall, unless he or she complies with the provisions of § 31-16-2 , approach the turn in a position as close as practicable to the right-hand curb or edge of the roadway. The turn shall be made at a position as close as practicable to the right-hand curb or edge of the roadway along which the bicyclist intends to proceed after turning.
        2. If the turn is made at a location where traffic movement is controlled by a police officer or by a traffic-control signal, the bicyclist may not proceed after crossing the intersecting roadway until a signal to proceed is given to traffic moving in the appropriate direction on the roadway along which the bicyclist intends to proceed. At all other locations, after turning and before crossing the roadway he or she is leaving, the bicyclist must yield the right-of-way to all traffic approaching on that roadway.
        3. The state highway commission and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and require and direct that a specific course be traveled by turning bicycles, and when the devices are so placed, no person shall turn a bicycle other than as directed and required by the devices.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-16. Bicycle identifying number.

        No person engaged in the business of selling bicycles at retail shall sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-17. Inspecting bicycles.

        A uniformed police officer may at any time upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and a test with reference to it as may be appropriate.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-18. Bicycle racing.

        1. Bicycle racing on the highways is prohibited except as authorized in this section.
        2. Bicycle racing on a highway shall not be unlawful when a racing event has been approved by state or local authorities on any highways under their respective jurisdictions. The approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators, and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.
        3. By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable to it, provided that traffic control is adequate to assure the safety of all highway users.
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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 2.

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        >>>>>>> origin/main 31-19-19. Use of coasters, roller skates, and similar devices restricted.

        No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk, and when so crossing, the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street by a duly authorized police authority.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 8.

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        >>>>>>> origin/main 31-19-20. Sale of new bicycles.

        In every sale of a new bicycle, the seller shall issue a bill of sale which shall contain on it the date of sale, the seller’s and buyer’s name and address, the manufacturer’s name, model, and serial number of the bicycle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1979, ch. 242, § 1; P.L. 1980, ch. 143, § 1; P.L. 2002, ch. 292, § 116.

        Cross References.

        Violations schedule, § 31-41.1-4 .

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        >>>>>>> origin/main 31-19-21. Sale of used bicycles.

        In every sale of a used bicycle, the seller shall issue a bill of sale which shall contain on it the date of sale, the seller’s and buyer’s names and addresses, the manufacturer’s name, model, and serial numbers where this information is available on the bicycle. Where any of this information is missing, the seller must obtain a registration number from the local police. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1980, ch. 143, § 2; P.L. 2002, ch. 292, § 116.

        Cross References.

        Violations schedule, § 31-41.1-4 .

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        >>>>>>> origin/main 31-19-22. Use of pedal carriages and rickshaws in the town of New Shoreham.

        1. The town of New Shoreham may adopt ordinances to regulate, control, or prohibit the use of pedal carriages (also known as quadricycles) and rickshaws (also known as pedi cabs) in the town of New Shoreham.
        2. The provisions of such ordinances shall be reasonably related to promotion and protection of the health, safety and welfare of operators, passengers, pedestrians, motorists and others residing, visiting or working within the town of New Shoreham.
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        >>>>>>> origin/main History of Section. P.L. 2002, ch. 360, § 2.

        Chapter 19.1 Motorized Bicycles

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        >>>>>>> origin/main 31-19.1-1. License required to operate.

        No person shall operate a motorized bicycle or motor scooter upon a highway in this state unless the person has a valid license as an operator under the provisions of chapter 10 of this title and shall be at least sixteen (16) years of age.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 64, § 5; P.L. 2006, ch. 11, § 3; P.L. 2006, ch. 12, § 3.

        Comparative Legislation.

        Motorized bicycles:

        Conn. Gen. Stat. § 14-286 et seq.

        Collateral References.

        Operation of mopeds and motorized recreational two-, three-, and four-wheeled vehicles as within scope of driving while intoxicated statutes. 32 A.L.R.5th 659.

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        >>>>>>> origin/main 31-19.1-2. Driving on interstate highways prohibited.

        No person shall operate a motorized bicycle upon an interstate highway within this state. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 64, § 5; P.L. 2002, ch. 292, § 114.

        Chapter 19.2 Motorized Tricycles

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        >>>>>>> origin/main 31-19.2-1. License required to operate.

        No person shall operate a motorized tricycle upon a highway in this state unless the person has a valid license as an operator under the provisions of chapter 10 of this title and shall be at least sixteen (16) years of age.

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        >>>>>>> origin/main History of Section. P.L. 1978, ch. 377, § 4.

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        >>>>>>> origin/main 31-19.2-2. Driving on interstate highways prohibited.

        No person shall operate a motorized tricycle upon an interstate highway within this state. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1978, ch. 377, § 4; P.L. 2002, ch. 292, § 115.

        Chapter 19.3 Regulation of Rental of Motorized Bicycles, Motor Scooters and Motorized Tricycles in New Shoreham

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        >>>>>>> origin/main 31-19.3-1. Purpose.

        The general assembly recognizes the importance of establishing procedures and standards for the supervision and regulation of the rental of motorized bicycles, motor scooters and motorized tricycles in the town of New Shoreham. The establishment of these procedures and standards is declared to be a reasonable exercise of the police power of the general assembly and necessary to afford protection against the increasing number and severity of accidents involving motorized bicycles, motor scooters and motorized tricycles, the noise, and the traffic congestion that their presence creates within the town. The general assembly further declares that it is in the interest of the public health, safety, and welfare that the rental of motorized bicycles, motor scooters and motorized tricycles in the town of New Shoreham be supervised, regulated, and controlled in accordance with the provisions of this chapter.

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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1; P.L. 2006, ch. 11, § 5; P.L. 2006, ch. 12, § 5.

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        >>>>>>> origin/main 31-19.3-2. Definitions.

        As used in this chapter:

        1. “Motorized bicycles” has the meaning set forth in § 31-1-3(n) .
        2. “Motorized tricycles” has the meaning set forth in § 31-1-3(p) .
        3. “Motor scooters” has the meaning set forth in § 31-1-3(r) .
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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1; P.L. 2004, ch. 6, § 15; P.L. 2006, ch. 11, § 5; P.L. 2006, ch. 12, § 5.

        Compiler’s Notes.

        The references in this section to subdivisions in § 31-1-3 were updated to reflect the amendment to that section.

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        >>>>>>> origin/main 31-19.3-3. License required.

        No person, firm, or corporation shall offer for rent or lease or allow to be rented or leased any motorized bicycle, motor scooter or motorized tricycle within the town of New Shoreham, unless and until the town council of the town of New Shoreham issues a license in accordance with the provisions of this chapter. However, any person, firm, or corporation holding a license to rent or lease motorized bicycles, motor scooters or motorized tricycles which has been issued by the department of revenue shall be permitted to continue to operate pursuant to the license; provided, that upon the expiration of the license, the person, firm, or corporation shall be required to comply with the provisions of this chapter in order to rent or lease motorized bicycles, motor scooters or motorized tricycles within the town of New Shoreham.

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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1; P.L. 2000, ch. 109, § 66; P.L. 2006, ch. 11, § 5; P.L. 2006, ch. 12, § 5; P.L. 2008, ch. 98, § 15; P.L. 2008, ch. 145, § 15.

        NOTES TO DECISIONS

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        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        =======
        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        >>>>>>> origin/main 31-19.3-4. License application.

        1. Any person requesting a license under this chapter shall apply for it to the town council of the town of New Shoreham upon a form specifying any information that the town council shall require. The town council may require, with the application or otherwise, information relating to the applicant’s solvency, financial standing, insurance coverage, or any other matter which the town council may deem pertinent to safeguard the public interest, all of which shall be considered by the council in determining the fitness of the applicant to be licensed pursuant to this chapter.
        2. The license shall be valid, unless sooner revoked or suspended, until the end of the calendar year of the year in which issued. This license shall be renewable on or after the first of each year.
        3. Any license issued by the town council of the town of New Shoreham under provisions of this chapter may set forth:
          1. The type of vehicle which the licensee is authorized to rent or lease.
          2. The location of the premises from which the license holder is authorized to rent or lease the vehicles.
          3. The total number of motorized bicycles and/or motorized tricycles which the license holder is authorized to rent or lease.
          4. The name and address of the license holder.
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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

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        >>>>>>> origin/main 31-19.3-5. Ordinances.

        1. The town council of the town of New Shoreham may enact reasonable ordinances establishing procedures and standards for the licensing, supervision, regulation, and control of the rental of motorized bicycles, motor scooters and motorized tricycles.
        2. An ordinance enacted pursuant to this section may:
          1. Establish a fee to be charged for the issuance or renewal of any license for the rental of motorized bicycles, motor scooters and/or motorized tricycles the holder of the license is authorized to rent or lease and shall not exceed the sum of forty dollars ($40.00) per motorized bicycle, motor scooters or motorized tricycle.
          2. Establish a maximum number of licenses which may be granted for the rental of motorized bicycles, motor scooters and/or motorized tricycles.
          3. Establish hours during which motorized bicycles, motor scooters and/or motorized tricycles may be rented.
          4. Establish a maximum number of motorized bicycles, motor scooters and/or motorized tricycles which a license holder may rent or lease under the license.
          5. Provide that no motorized bicycle, motor scooters or motorized tricycle shall be rented or leased in the town of New Shoreham unless the operator thereof has a valid license issued under the provisions of § 31-10-1 , or a similar license issued by a state other than Rhode Island.
          6. Require all motorized bicycles, motor scooters and/or motorized tricycles to pass inspection annually and be issued a certificate by a duly authorized state inspection facility indicating that the vehicle has passed inspection to be conducted at inspection agencies which shall be created and governed by rules and regulations promulgated by the department of revenue.
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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1; P.L. 1992, ch. 158, § 1; P.L. 1992, ch. 159, § 1; P.L. 1995, ch. 399, §§ 1, 2; P.L. 1996, ch. 404, § 33; P.L. 2006, ch. 11, § 5; P.L. 2006, ch. 12, § 5; P.L. 2008, ch. 98, § 15; P.L. 2008, ch. 145, § 15.

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        >>>>>>> origin/main 31-19.3-6. Denial, suspension, or revocation of license.

        The license provided for pursuant to this chapter may be denied, suspended, or revoked on any of the following grounds:

        1. Proof of unfitness of the applicant;
        2. Material misstatement of the applicant in the application for a license;
        3. Violation of any provisions of this chapter or of the provisions of any ordinance established by the town council enacted pursuant to the provisions of this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

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        >>>>>>> origin/main 31-19.3-7. Denial of license hearing.

        The town council of the town of New Shoreham may, without prior notice, deny any application for a license within thirty (30) days of the receipt of the application, by written notice to the applicants stating grounds for the denial. On request by the applicant who has been denied a license, the town council of the town of New Shoreham shall set the time and place of a hearing upon the denial, and it shall hear the denial with reasonable promptness.

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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        =======
        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        >>>>>>> origin/main 31-19.3-8. Hearing on suspension or revocation of license.

        No license shall be suspended or revoked except after a hearing. The town council shall give the licensee at least five (5) days written notice of the time and place of the hearing together with the statement of grounds for the proposed action.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        =======
        Renewals.

        Relegating a previous licensee to a waiting list, without assurance of an eventual grant or denial, was tantamount to denial of her renewal application, and such denial entitled her to a hearing that would accord with due process. Leone v. Town of New Shoreham, 534 A.2d 871, 1987 R.I. LEXIS 577 (R.I. 1987).

        >>>>>>> origin/main 31-19.3-9. Records of council.

        The town council shall keep minutes of its proceedings showing the vote of each member upon any question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the town clerk and shall be a public record.

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        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

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        >>>>>>> origin/main 31-19.3-10. Appeals to superior court.

        1. Any person, firm, or corporation aggrieved by a decision of the town council pursuant to § 31-19.3-6 or 31-19.3-7 may appeal to the superior court for Washington County by filing a complaint setting forth the reasons of appeal within twenty (20) days after the decision has been filed in the office of the town clerk. The town council shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies of them, together with any other facts that may be pertinent, with the clerk of the court within ten (10) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the town council shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
        2. If, before the date set for the hearing in the superior court, application is made to the court for leave to present additional evidence before the town council and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the town council, the court may order that the additional evidence be taken before the town council upon conditions determined by the court. The town council may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the superior court.
        3. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the town council and if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present the evidence in open court, which evidence along with the record shall constitute the record upon which the determination of the court shall be made.
        4. The court shall not substitute its judgment for that of the town council as to the weight of the evidence on questions of fact. The court may affirm the decision of the town council or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:
          1. In violation of constitutional, statutory, or ordinance provisions;
          2. In excess of the authority granted to the town council by statute or ordinance;
          3. Made upon unlawful procedure;
          4. Affected by other error of law;
          5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
          6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984 (s.s.), ch. 457, § 1.

        Chapter 19.4 Prudence Island Low Speed Vehicles

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19.4-1. Prudence Island low speed vehicles.

        1. For the purposes of this chapter, a low speed vehicle means a self-propelled, electrically or gas powered motor vehicle which: is designed to carry four (4) or fewer persons; is designed to be, and is, operated at speeds of twenty-five (25) miles per hour or less; and conforms to the maximum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed vehicles (49 C.F.R. 571.500). Notwithstanding anything to the contrary, a low speed vehicle may be operated upon the roadways of Prudence Island if it meets the requirements of this section.
        2. Each person operating a low speed vehicle on a roadway of Prudence Island shall possess a valid driver’s license issued pursuant to § 31-10-1 .
        3. Every operator of a low speed vehicle shall maintain financial responsibility on such low speed vehicle if the low speed vehicle is to be operated upon the roadways of Prudence Island.
        4. Every person operating a low speed vehicle shall be granted all the rights and shall be subject to all duties applicable to the driver of any motor vehicle except as to the special regulations in this section and except as to those provisions which by their nature can have no application.
        5. The operator of a low speed vehicle shall observe all traffic laws and local ordinances regarding the rules of the road. A low speed vehicle shall not be operated on a street or a highway with a posted speed limit greater than twenty-five (25) miles per hour. The provisions of this subsection shall not prohibit a low speed vehicle from crossing a street or highway with a posted speed limit greater than thirty-five (35) miles per hour.
        6. No person shall operate a low speed vehicle: (1) in any careless way as to endanger the person or property of another; or (2) while under the influence of alcohol or any controlled substance. Low speed vehicles shall be manufactured and comply with the standards of the National Traffic Safety Administration Standards for low speed vehicles as set out in 49 C.F.R. 571.500, as amended.
        7. A low speed vehicle shall only be operated during the hours of 6:00 am through 6:00 pm.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2005, ch. 327, § 1; P.L. 2005, ch. 328, § 1; P.L. 2005, ch. 381, § 1.

        Chapter 19.5 City of Newport — Commercial Low-Speed Vehicles

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-19.5-1. City of Newport — Commercial low-speed vehicles.

        1. For the purposes of this chapter, a commercial low-speed vehicle means a self-propelled, electrically or gas-powered motor vehicle that: is designed to carry eight (8) or fewer persons; is designed to be, and is, operated at speeds of twenty-five (25) miles per hour or less; and conforms to the maximum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low-Speed vehicles (49 C.F.R. § 571.500). Notwithstanding anything to the contrary, a low-speed vehicle may be operated upon the roadways of the city of Newport as a commercial jitney service only if it meets the requirements of this section.
        2. Each person operating a commercial low-speed vehicle on a roadway of the city of Newport shall possess a valid chauffeur’s license issued pursuant to § 31-10-1 and be at least twenty (20) years old.
        3. Any person operating a commercial low-speed vehicle shall first obtain a certificate of necessity from the Rhode Island public utilities commission.
        4. Every operator of a commercial low-speed vehicle shall maintain financial responsibility on the low-speed vehicle if the low-speed vehicle is to be operated upon the roadways of the city of Newport.
        5. Every person operating a commercial low-speed vehicle shall be granted all the rights and shall be subject to all duties applicable to the driver of any motor vehicle except as to the special regulations in this section and except as to those provisions that, by their nature, can have no application.
        6. The operator of a commercial low-speed vehicle shall observe all traffic laws and local ordinances regarding the rules of the road. A low-speed vehicle shall not be operated on a street or a highway with a posted speed limit greater than twenty-five (25) miles per hour. The provisions of this subsection shall not prohibit a low-speed vehicle from crossing a street or highway with a posted speed limit greater than thirty-five (35) miles per hour.
        7. No person shall operate a commercial low-speed vehicle:
          1. In any careless way as to endanger the person or property of another; or
          2. While under the influence of alcohol or any controlled substance. Low-speed vehicles shall be manufactured and comply with the standards of the National Traffic Safety Administration Standards for low-speed vehicles as set out in 49 C.F.R. § 571.500, as amended.
        8. A commercial low-speed vehicle shall only be operated during the hours of 6:00 a.m. through 12:00 a.m..
        9. Safety inspections.  Electrically powered commercial low-speed vehicles shall, where applicable, be subject to Rhode Island’s vehicle inspection program pursuant to chapter 38 of title 31 and emissions testing pursuant to chapter 47.1 of title 31. Upon registration and renewal of a low-speed vehicle’s registration, the owner shall certify, under penalty of perjury, that all lights, tires, seat belts, and other vehicle equipment are in good working condition.
        10. Title and registration.  The division of motor vehicles shall issue a title and jitney registration for a commercial low-speed vehicle upon submission of a certificate from the manufacturer that the low-speed vehicle meets the safety standards of the National Traffic Safety Administration Standards for low-speed vehicles as set out in 49 C.F.R. § 571.500, as amended.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2018, ch. 219, § 1; P.L. 2018, ch. 282, § 1.

        Compiler’s Notes.

        P.L. 2018, ch. 219, § 1, and P.L. 2018, ch. 282, § 1 enacted identical versions of this section.

        Chapter 20 Special Stops Required

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-1. When railroad crossing stops required of all vehicles.

        Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section the driver of the vehicle shall stop within fifty feet (50´) but not less than fifteen feet (15´) from the nearest rail of the railroad, and shall not proceed until he or she can do so safely. These foregoing requirements shall apply when:

        1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
        2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
        3. A railroad train approaching within approximately one thousand five hundred feet (1,500´) of the highway crossing emits a signal audible from that distance, and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard;
        4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
        5. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 1; G.L. 1956, § 31-20-1 ; P.L. 2002, ch. 292, § 117.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 1; G.L. 1956, § 31-20-1 ; P.L. 2002, ch. 292, § 117.

        >>>>>>> origin/main

        Comparative Legislation.

        Stopping at railroad crossing:

        Conn. Gen. Stat. § 14-249.

        Mass. Ann. Laws ch. 89, § 9; ch. 90, § 15.

        Collateral References.

        Contributory negligence of one who attempts to cross railroad tracks just after train, or part of a train, has passed over the crossing. 56 A.L.R. 543.

        Failure to stop, look, and listen at railroad crossing as negligence per se. 1 A.L.R. 203; 2 A.L.R. 767; 41 A.L.R. 405.

        Liability of railroad for injury due to road vehicle running into train or car standing on highway crossing. 84 A.L.R.2d 813.

        Liability or recovery for automobile collision damage as affected by absence or insufficiency of lights on parked or standing vehicle. 61 A.L.R.3d 13.

        Liability or recovery in automobile negligence action as affected by motor vehicle’s being driven or parked without dimming lights. 63 A.L.R.3d 824.

        Skidding of automobile causing collision with train. 58 A.L.R. 282; 113 A.L.R. 1002.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-2. Driving through railroad gate or barrier.

        1. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.
        2. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 1; G.L. 1956, § 31-20-2 ; P.L. 2002, ch. 292, § 117.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 1; G.L. 1956, § 31-20-2 ; P.L. 2002, ch. 292, § 117.

        >>>>>>> origin/main 31-20-3. Stop signs at dangerous railroad crossings.

        The state traffic commission and local authorities with the approval of the state traffic commission are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When the stop signs are erected, the driver of any vehicle shall stop within fifty feet (50´) but not less than fifteen feet (15´) from the nearest rail of the railroad and shall proceed only upon exercising due care.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 2; G.L. 1956, § 31-20-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 2; G.L. 1956, § 31-20-3 .

        >>>>>>> origin/main

        Comparative Legislation.

        Requiring stop sign at railroad crossing:

        Conn. Gen. Stat. § 14-301.

        Collateral References.

        Failure of signaling device at crossing to operate as affecting liability of railroad for injury. 90 A.L.R.2d 350.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-4. Vehicles required to stop at all railroads — Exceptions.

        1. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within fifty feet (50´) but not less than fifteen feet (15´) from the nearest rail of such railroad, and while so stopped, shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, except as provided in this chapter, and shall not proceed until he or she can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing, and the driver shall not shift gears while crossing the track or tracks.
        2. No stop need be made at any crossing where a police officer or a traffic control signal directs traffic to proceed.
        3. This section shall not apply at railroad grade crossings within a business or residence district.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 3; G.L. 1956, § 31-20-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 3; G.L. 1956, § 31-20-4 .

        >>>>>>> origin/main 31-20-5. Moving of heavy equipment over railroad crossings.

        1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles, or in any event, of less than nine inches (9"), measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing, without first complying with this section.
        2. Notice of the intended crossing shall be given to a station agent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection at the crossing.
        3. Before making the crossing, the person operating or moving the vehicle or equipment shall first stop the same not less than fifteen feet (15´) nor more than fifty feet (50´) from the nearest rail of the railroad and, while so stopped shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
        4. No crossing shall be made when warning is given by automatic signal or crossing gates or a flagperson or otherwise of the immediate approach of a railroad train or car. If a flagperson is provided by the railroad, movement over the crossing shall be under the flagperson’s direction.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 4; G.L. 1956, § 31-20-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 4; G.L. 1956, § 31-20-5 .

        >>>>>>> origin/main 31-20-6. Designation of through highways — Erection of stop and yield signs.

        The state traffic commission with reference to state highways, and local authorities with reference to other highways under their jurisdiction, may designate through highways and erect stop and yield signs at special entrances to them, or may designate any intersection as a stop and yield intersection and erect like signs at one or more entrances to the intersection.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-6 ; P.L. 1966, ch. 70, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-6 ; P.L. 1966, ch. 70, § 1.

        >>>>>>> origin/main

        Cross References.

        Stop signs on state highways, § 31-12-14 .

        Stopping at intersections, § 31-17-3 .

        Comparative Legislation.

        Throughways:

        Conn. Gen. Stat. § 14-301.

        Mass. Ann. Laws ch. 89, § 9.

        Collateral References.

        What is a street or highway intersection within traffic rules? 7 A.L.R.3d 1204.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-7. Specifications for stop signs.

        A stop sign shall bear the word “stop” in letters not less than six inches (6") in height, and the sign shall at nighttime be rendered luminous by steady or flashing internal illumination, by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-7 .

        >>>>>>> origin/main 31-20-8. Placement of stop signs.

        Every stop sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection. If there is no crosswalk then it shall be placed as close as practicable to the nearest line of the roadway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-8 .

        >>>>>>> origin/main 31-20-9. Obedience to stop signs.

        Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-9 ; P.L. 2002, ch. 292, § 117.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 5; G.L. 1956, § 31-20-9 ; P.L. 2002, ch. 292, § 117.

        >>>>>>> origin/main

        Comparative Legislation.

        Compliance with stop signs:

        Conn. Gen. Stat. § 14-301.

        NOTES TO DECISIONS

        Violation as Negligence.

        Evidence that defendant did not stop at stop sign was sufficient to take issue of negligence to jury. Sullivan v. Caruso, 68 R.I. 476 , 29 A.2d 539, 1942 R.I. LEXIS 90 (1942).

        Failure to stop at stop sign was not under former law negligence per se where the intersecting highway had not been designated as a through highway. Audette v. New England Transp. Co., 71 R.I. 420 , 46 A.2d 570, 1946 R.I. LEXIS 13 (1946).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-10. Vehicles emerging from alleys, driveways, and buildings.

        The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision. Upon entering the roadway the driver shall yield the right of way to all vehicles approaching on the roadway.

        History of Section. P.L. 1950, ch. 2595, art. 31, § 6; G.L. 1956, § 31-20-10 .

        31-20-10.1, 31-20-10.2. [Reserved.]

        <<<<<<< HEAD

        Reserved Sections. =======

        History of Section. >>>>>>> origin/main

        These section numbers are reserved for future use.

        <<<<<<< HEAD

        31-20-10.3. School bus stops — Routes. =======

        31-20-10.1, 31-20-10.2. [Reserved.]

        Reserved Sections.

        These section numbers are reserved for future use.

        31-20-10.3. School bus stops — Routes. >>>>>>> origin/main

        1. No school bus shall stop to discharge or pick up passengers at any intersection where a traffic control device as defined in § 31-1-28 controls the movement of the bus.
        2. No school bus shall stop to discharge or pick up passengers at any location which would require a child to cross any road where the posted speed limit is greater than thirty-five miles per hour (35 mph). School bus stops shall be developed in such a manner which assures that the bus stop will be on the child’s home side of the road so that the child does not have to cross the road to board the bus or to reach home.
        3. No school superintendent, school committee, contractor, or school bus owner shall put into effect any school bus route which cannot be completed in the time allotted without exceeding posted speed limits.
        4. All school bus routes shall be reviewed by the local police chief of each city and town for safety hazards within ninety (90) days before the start of the school year.
        5. Any party may appeal the decision of a local police chief approving or disapproving any bus route or stop to the commissioner of elementary and secondary education who shall hold a hearing as provided in § 16-39-1 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 401, § 2.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-20-10.4. Exemption from discharge requirements of § 31-20-10.3.

        1. Rural communities are exempted from the provisions of § 31-20-10.3(b) when:
          1. A school bus is turning one hundred and eighty degrees (180 degrees) on a road;
          2. A school bus is backing up on a road; or
          3. A school bus is stopping on a road of low traffic flow.
        2. For purposes of this section, “rural community” means any community in which there is a regionalized school district and the towns of Burrillville, Scituate, Little Compton, and New Shoreham.
        3. For purposes of this section, “low traffic flow” means any road designated as a road with low traffic flow by the state traffic commission.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1987, ch. 350, § 1; P.L. 1987, ch. 427, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-11. Marking of school buses — Penalty for violation.

        1. Every bus used for the transportation of school children shall be painted yellow and bear upon the front and rear of it a plainly visible sign containing the words “school bus” in black letters not less than eight inches (8") in height. Every bus shall also bear on the right and left side the name of the school district for which the bus is transporting children in letters not less than four inches (4") in height and shall be painted black. Any bus being used for the transportation of persons, the majority of whom are under the age of eighteen (18) may display such a sign.
        2. Except as provided in this section, when a school bus is operated upon a street or highway for purposes other than the actual transportation of children, all marking indicating “school bus” shall be covered or concealed. Whenever any school bus is sold and/or is no longer used for the purpose of transporting children, its color shall be changed from national school bus chrome or any other shade of yellow to any other color, and the four (4) flashing warning lights shall be removed before the vehicle can be registered or reregistered for any purpose other than the transportation of school children.
        3. The division of motor vehicles shall require proof of the change of color and other modifications prior to registering the vehicle.
        4. Every school bus shall display a sign located below the rear window of the bus which reads “unlawful to pass when red lights are flashing”. The sign shall have black letters not less than four inches (4") nor more than six inches (6") high on a white reflective background.
        5. Any person, firm, or corporation found in violation of this section shall be fined not less than one hundred dollars ($100).
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-11 ; P.L. 1968, ch. 40, § 1; P.L. 1969, ch. 236, § 1; P.L. 1973, ch. 133, § 1; P.L. 1986, ch. 401, § 1; P.L. 1987, ch. 457, § 1; P.L. 1999, ch. 454, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-11 ; P.L. 1968, ch. 40, § 1; P.L. 1969, ch. 236, § 1; P.L. 1973, ch. 133, § 1; P.L. 1986, ch. 401, § 1; P.L. 1987, ch. 457, § 1; P.L. 1999, ch. 454, § 1.

        >>>>>>> origin/main

        Cross References.

        Regulation and inspection of school buses, §§ 31-22-10 and 31-22-11 .

        Comparative Legislation.

        Marking of school buses:

        Conn. Gen. Stat. § 14-275.

        Mass. Ann. Laws ch. 90, § 7A et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-11.1. Signaling of stops for school buses.

        No school bus driver while transporting school children shall stop the school bus without first having actuated the flashing lights at least one hundred feet (100´) prior to the scheduled school bus stop.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 250, § 1; G.L. 1956, § 31-30-11.1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-12. Stopping for school bus required — Penalty for violation.

        1. The driver of a vehicle upon a street, highway, private way, private or public parking area upon meeting or overtaking from any direction any bus marked as “school bus” whenever the bus is being operated in accordance with § 31-20-11 and on which there is in operation flashing red lights, shall stop the vehicle before reaching the bus. The driver shall not proceed until the bus resumes motion or until the flashing lights are no longer actuated. No driver of any motor vehicle, except emergency vehicles on official business, shall travel in the same lane of traffic behind a school bus at a distance of less than fifty feet (50´). A person convicted of a violation of this section shall be punished by a fine not to exceed three hundred dollars ($300) and/or suspension of driving license for a period not to exceed thirty (30) days for the first offense, and a mandatory fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and/or revocation of driving license for a period of one year for each subsequent offense.
        2. A peace officer may issue a summons based on the statement or testimony of a school bus driver or monitor or other private citizen provided that the statement or testimony provides the peace officer with sufficient probable cause that a violation under this section was committed. Any conviction under this section may be punished in accordance with subsection (a) of this section.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-12 ; P.L. 1965, ch. 96, § 1; P.L. 1968, ch. 40, § 1; P.L. 1969, ch. 51, § 1; P.L. 1979, ch. 188, § 1; P.L. 1980, ch. 267, § 1; P.L. 1983, ch. 91, § 1; P.L. 1984, ch. 114, § 1; P.L. 1986, ch. 401, § 1; P.L. 1987, ch. 133, § 1; P.L. 2000, ch. 359, § 1; P.L. 2000, ch. 510, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-12 ; P.L. 1965, ch. 96, § 1; P.L. 1968, ch. 40, § 1; P.L. 1969, ch. 51, § 1; P.L. 1979, ch. 188, § 1; P.L. 1980, ch. 267, § 1; P.L. 1983, ch. 91, § 1; P.L. 1984, ch. 114, § 1; P.L. 1986, ch. 401, § 1; P.L. 1987, ch. 133, § 1; P.L. 2000, ch. 359, § 1; P.L. 2000, ch. 510, § 1.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Comparative Legislation.

        Stopping for school buses:

        Conn. Gen. Stat. § 14-279.

        Mass. Ann. Laws ch. 90, § 14.

        NOTES TO DECISIONS

        Purpose.

        The class of persons sought to be protected by the legislature in enacting this statute is pedestrian schoolchildren. Paquin v. Tillinghast, 517 A.2d 246, 1986 R.I. LEXIS 548 (R.I. 1986).

        Instruction in Civil Cases.

        When they are read together, it becomes obvious that §§ 31-20-11 , 31-20-13 and this section were enacted to protect schoolchildren entering and exiting flashing schoolbuses stopped on highways where pedestrians are allowed to cross; not to protect adult motorists in vehicles further down the road. Hence, the jury may be instructed that a violation of this section may be considered as evidence that a duty owed to schoolchildren was breached, but not that a duty to another motorist located down the road was breached. Paquin v. Tillinghast, 517 A.2d 246, 1986 R.I. LEXIS 548 (R.I. 1986).

        Collateral References.

        Passing stopped automobile, construction and application of statutes prescribing precautions in. 108 A.L.R. 987.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-12.1. Repealed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1980, ch. 287, § 2; Repealed by P.L. 2000, ch. 359, § 2, and by P.L. 2000, ch. 510, § 2, effective July 20, 2000, and July 22, 2000, respectively.

        Compiler’s Notes.

        Former § 31-20-12.1 concerned private complaints of passing a school bus. For present comparable provisions, see § 31-20-12 .

        <<<<<<< HEAD
        Applicability.

        P.L. 2000, ch, 510, § 3, provides that the repeal of this section by that Act takes effect upon passage [July 22, 2000] and applies to incidents occurring on and after that date.

        =======

        Applicability.

        P.L. 2000, ch, 510, § 3, provides that the repeal of this section by that Act takes effect upon passage [July 22, 2000] and applies to incidents occurring on and after that date.

        >>>>>>> origin/main 31-20-13. School buses stopped on divided highway or in loading zone.

        When operating a vehicle upon a highway, the driver need not stop upon meeting or passing a bus marked as “school bus” in accordance with § 31-20-11 in the following circumstances:

        1. When a highway is a divided highway and the bus is stopped in the roadway on one side of the divided highway and the driver is operating on the other side of it.
        2. When the bus is stopped in a loading zone adjacent to a limited access highway and pedestrians are not permitted to cross the highway.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-13 ; P.L. 1968, ch. 40, § 1; P.L. 2013, ch. 82, § 2; P.L. 2013, ch. 89, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-13 ; P.L. 1968, ch. 40, § 1; P.L. 2013, ch. 82, § 2; P.L. 2013, ch. 89, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 82, § 2, and P.L. 2013, ch. 89, § 2 enacted identical amendments to this section.

        NOTES TO DECISIONS

        Negligence.

        The trial court did not err in denying the injured party’s motion for a new trial since a jury could reasonably find that the injured party’s own negligence in stopping for a school bus that was on the other side of a median was the sole proximate cause of the rear-end collision. DeBlois v. Ashcraft, 797 A.2d 1073, 2002 R.I. LEXIS 109 (R.I. 2002).

        Negligence Not Found.

        Injured party’s motion for a new trial was properly denied where the jury could reasonably have found that, although a driver was involved in a rear-end collision, the injured party’s own negligence was the sole proximate cause of the collision; the injured party had stopped for a school bus on the other side of a four-lane highway divided by a grassy median strip. DeBlois v. Ashcraft, 797 A.2d 1073, 2002 R.I. LEXIS 109 (R.I. 2002).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-14. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-14 ; Repealed by P.L. 1968, ch. 40, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 31, § 7; G.L. 1956, § 31-20-14 ; Repealed by P.L. 1968, ch. 40, § 2.

        >>>>>>> origin/main 31-20-15. Posting of bridle path signs.

        The department of revenue shall in all parks and reservations, and the traffic safety commission shall on all state highways, erect and maintain adequate signs requiring operators of motor vehicles to come to a complete stop because of the existence of a bridle path where saddle horses may cross the roads in the parks and reservation and/or state highways.

        <<<<<<< HEAD

        History of Section. P.L. 1945, ch. 1642, § 1; impl. am. P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-20-15 ; P.L. 2008, ch. 98, § 16; P.L. 2008, ch. 145, § 16.

        =======

        History of Section.

        P.L. 1945, ch. 1642, § 1; impl. am. P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-20-15 ; P.L. 2008, ch. 98, § 16; P.L. 2008, ch. 145, § 16.

        >>>>>>> origin/main 31-20-16. Stops at bridle path crossings.

        1. Every operator of a motor vehicle shall bring his or her motor vehicle to a complete stop in parks and reservations and on state highways where the department of revenue or state traffic commission has posted signs of bridle paths where saddle horses may cross the roads in the parks and reservations and/or highways.
        2. An operator violating the provisions of this section shall be guilty of a civil violation, and upon conviction, shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for second or subsequent offenses.
        <<<<<<< HEAD

        History of Section. P.L. 1945, ch. 1642, § 2; impl. am. P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-20-16 ; P.L. 1988, ch. 296, § 1; P.L. 1999, ch. 218, art. 6, § 9; P.L. 2008, ch. 98, § 16; P.L. 2008, ch. 145, § 16.

        =======

        History of Section.

        P.L. 1945, ch. 1642, § 2; impl. am. P.L. 1950, ch. 2595, art. 22, § 2; G.L. 1956, § 31-20-16 ; P.L. 1988, ch. 296, § 1; P.L. 1999, ch. 218, art. 6, § 9; P.L. 2008, ch. 98, § 16; P.L. 2008, ch. 145, § 16.

        >>>>>>> origin/main 31-20-17. Stopping for crossing guards and school bus monitors required.

        1. The driver of a vehicle upon a street or highway, upon meeting or approaching from any direction a crossing guard, shall stop the vehicle before reaching the crossing guard. The driver shall not proceed until signaled to proceed by the crossing guard or until the crossing guard has completed his or her duties of aiding the pedestrian safely to the sidewalk.
        2. The driver of any vehicle upon a street or highway, upon meeting or approaching from any direction a school bus monitor, shall stop the vehicle in accordance with § 31-20-12 and shall not proceed until the requirements of § 31-20-12 are met.
        3. A person convicted of a violation of this section may be punished by a fine not to exceed three hundred dollars ($300) and/or suspension of his or her driving license for a period not to exceed thirty (30) days for the first offense, and a fine not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and/or suspension of his or her driving license for a period of one year for each subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1977, ch. 26, § 1; P.L. 1986, ch. 401, § 1; P.L. 1992, ch. 314, § 1; P.L. 1998, ch. 399, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-17.1. Private complaint — Stopping for crossing guard/bus monitor required.

        1. Upon receipt of a private complaint, in writing and signed by the complainant, the traffic tribunal shall by letter notify the violator to respond in writing within twenty (20) days to the allegations of the complaint. Failure to respond to the letter will result in the person being notified to appear before a judge of the traffic tribunal and show cause why his or her license should not be suspended. Failure to appear at the hearing will result in the suspension of the person’s license until such time as the person does appear.
        2. On any second or subsequent violation within one year, the person shall be issued a summons to appear for a hearing, and failure to appear will result in the suspension of the person’s license until such time as the person does appear.
        3. At any hearing resulting from any violation, the complainant shall also appear at the hearing. A person convicted of a violation of this section shall be punished in accordance with the penalties set forth in § 31-20-12 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 401, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-20-17.2. Private complaint — Stopping for crossing guard/bus monitor required — Central Falls.

        1. The following procedure shall apply to first offenses in Central Falls reported by private complaint:
          1. Upon receipt of a private complaint, in writing and signed by the complainant, the Central Falls municipal court shall by certified mail, return receipt requested, notify the violator to respond in writing within twenty (20) days to the allegations of the complaint.
          2. Failure to respond to the letter will result in the person being notified to appear before a judge of the Central Falls municipal court to show cause why he or she should not be fined one hundred dollars ($100) for his or her failure to respond.
          3. Failure to appear at the hearing at that time will result in the person being fined one hundred dollars ($100).
        2. All moneys collected pursuant to this section shall be forwarded by the Central Falls municipal court to the city of Central Falls.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1992, ch. 314, § 2.

        Chapter 21 Stopping, Standing, and Parking Restrictions

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-1. Stopping on traveled portion of open highway prohibited.

        Upon any highway outside of a business or residence district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway when it is practical to stop, park, or leave the vehicle off that part of the highway. In every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of two hundred feet (200´) in each direction upon the highway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 1; G.L. 1956, § 31-21-1 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 1; G.L. 1956, § 31-21-1 .

        >>>>>>> origin/main

        Comparative Legislation.

        Stopping on highway:

        Conn. Gen. Stat. § 14-251.

        Mass. Ann. Laws ch. 90, § 13.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Failure to Stop.

        A warrant which charged defendant “did not stop for the signal light at the intersection of Warwick Avenue and Occupasstuxet Road, when set red against him” does not charge an offense under § 31-13-6(3)(i) inasmuch as the language of that section is a prohibition directed against entering an intersection when the signal light was red and the language of the complaint did not charge defendant with violating such prohibition. State v. Haggerty, 89 R.I. 158 , 151 A.2d 382, 1959 R.I. LEXIS 56 (1959).

        =======
        Failure to Stop.

        A warrant which charged defendant “did not stop for the signal light at the intersection of Warwick Avenue and Occupasstuxet Road, when set red against him” does not charge an offense under § 31-13-6(3)(i) inasmuch as the language of that section is a prohibition directed against entering an intersection when the signal light was red and the language of the complaint did not charge defendant with violating such prohibition. State v. Haggerty, 89 R.I. 158 , 151 A.2d 382, 1959 R.I. LEXIS 56 (1959).

        >>>>>>> origin/main

        Collateral References.

        Concurrent negligence of third person bringing about collision with vehicle stopped on traveled portion of highway. 131 A.L.R. 605.

        Construction and operation of regulations as to sudden stop or slowing of motor vehicle. 29 A.L.R.2d 5.

        Duties and liabilities between owners or drivers of parked or parking vehicles. 25 A.L.R.2d 1224.

        Law of road, right or duty to turn in violation of, to avoid parked or standing vehicle. 24 A.L.R. 1313; 63 A.L.R. 277; 113 A.L.R. 1328.

        Liability or recovery for automobile collision damage as affected by absence or insufficiency of lights on parked or standing vehicle. 61 A.L.R.3d 13.

        Liability or recovery in automobile negligence action as affected by motor vehicle’s being driven or parked without dimming lights. 63 A.L.R.3d 824.

        Parked or standing vehicle, liability for collision with, where vision of driver is obscured by smoke, dust, atmospheric conditions, or unclean windshield. 42 A.L.R.2d 13; 32 A.L.R.4th 933.

        Stationary motor vehicle on or adjacent to highway, negligence in failing to set out flares or lights or station person to warn of. 67 A.L.R.2d 12.

        Stopping without lights as negligence toward driver of vehicle proceeding in the same direction. 24 A.L.R. 510; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        Towing automobile, liability for injury incident to, as affected by parking prohibitions and regulations. 30 A.L.R.2d 1099.

        Traveled portion of highway, stopping car on, in violation of law, as affecting question of responsibility for collision. 131 A.L.R. 562.

        When is motor vehicle “disabled” or the like within exception to statute regulating parking or stopping? 15 A.L.R.2d 909.

        Wrong side of street or highway, liability for injury in collision with automobile standing on. 70 A.L.R. 1021.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-2. Removal of vehicle parked on highway.

        Whenever any police officer finds a vehicle standing upon a highway in violation of § 31-21-1 , the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the paved or main traveled part of the highway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 2; G.L. 1956, § 31-21-2 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 2; G.L. 1956, § 31-21-2 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Entry of Private Property.

        Where the outer door of a private club was not locked, there was no doorman to keep out nonmembers, and the two officers had entered the club in the same manner to require plaintiff to move his illegally parked vehicle as authorized by this section on two previous occasions, their entry into the club was justifiable. Ouimette v. Howard, 468 F.2d 1363, 1972 U.S. App. LEXIS 6891 (1st Cir. 1972).

        =======
        Entry of Private Property.

        Where the outer door of a private club was not locked, there was no doorman to keep out nonmembers, and the two officers had entered the club in the same manner to require plaintiff to move his illegally parked vehicle as authorized by this section on two previous occasions, their entry into the club was justifiable. Ouimette v. Howard, 468 F.2d 1363, 1972 U.S. App. LEXIS 6891 (1st Cir. 1972).

        >>>>>>> origin/main 31-21-3. Removal of vehicle obstructing traffic on bridge or in tunnel.

        Whenever any police officer finds a vehicle, whether attended or unattended, disabled upon any bridge or causeway or in any tunnel where the vehicle constitutes an obstruction to traffic, the officer is authorized to provide for the removal of the vehicle to the nearest garage, service station, or other place of safety.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 2; G.L. 1956, § 31-21-3 ; P.L. 1965, ch. 165, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 2; G.L. 1956, § 31-21-3 ; P.L. 1965, ch. 165, § 1.

        >>>>>>> origin/main 31-21-4. Places where parking or stopping prohibited.

        1. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
          1. On a sidewalk;
          2. In front of a public or private driveway;
          3. Within an intersection;
          4. Within eight feet (8´) of a fire hydrant;
          5. On a crosswalk;
          6. Within twenty feet (20´) of a crosswalk at an intersection;
          7. Within thirty feet (30´) upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
          8. Between a safety zone and the adjacent curb, or within thirty feet (30´) of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
          9. Within fifty feet (50´) of the nearest rail of a railroad crossing;
          10. Within twenty feet (20´) of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within seventy-five feet (75´) of the entrance (when properly sign-posted);
          11. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
          12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
          13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
          14. At any place where official signs prohibit stopping;
          15. At any curb cut or ramp for persons with disabilities;
          16. On any bicycle lane, trail, or path; or
          17. Upon any crosshatched access aisle adjacent to disability parking spaces.
        2. The following vehicles are exempt from the prohibitions contained in subsection (a):
          1. School buses or worker transport buses that are loading or unloading children or workers, provided that the school bus or worker transport bus operates its flashing bus-safety lights;
          2. Subject to the provisions of § 31-21-6 , vehicles that are momentarily stopped, standing, or parked to admit or discharge passengers;
          3. Taxicabs that are momentarily stopped, standing or parked to admit or discharge passengers;
          4. Vehicles that are momentarily stopped, standing, or parked for the purpose of, and while actually engaged in, loading or unloading property;
          5. Vehicles that are owned or operated by the state or a city or town when the vehicle must stop, stand, or park to perform maintenance or repair work on an area where stopping, standing or parking is prohibited under the provisions of subsection (a);
          6. Vehicles that are disabled in such a manner, and to such extent, that the vehicle operator cannot avoid stopping or temporarily leaving the disabled vehicle in an area where stopping, standing, or parking is prohibited under the provisions of subsection (a);
          7. Vehicles that are momentarily stopped to allow oncoming traffic to pass before making a right or left-hand turn, or in preparation for or while negotiating an exit from the road.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 3; G.L. 1956, § 31-21-4 ; P.L. 1988, ch. 162, § 1; P.L. 1999, ch. 83, § 71; P.L. 1999, ch. 130, § 71; P.L. 2002, ch. 292, § 118; P.L. 2005, ch. 64, § 6; P.L. 2005, ch. 67, § 6; P.L. 2006, ch. 651, § 1; P.L. 2016, ch. 533, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 3; G.L. 1956, § 31-21-4 ; P.L. 1988, ch. 162, § 1; P.L. 1999, ch. 83, § 71; P.L. 1999, ch. 130, § 71; P.L. 2002, ch. 292, § 118; P.L. 2005, ch. 64, § 6; P.L. 2005, ch. 67, § 6; P.L. 2006, ch. 651, § 1; P.L. 2016, ch. 533, § 1.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Authorized emergency vehicles, § 31-12-7 .

        Regulation by local authorities, § 31-12-12 .

        Comparative Legislation.

        Parking prohibited:

        Conn. Gen. Stat. §§ 14-251, 14-252, and 14-307.

        NOTES TO DECISIONS

        Estoppel.

        The state was not estopped from prosecuting defendant for failure to comply with lawful order of the police officer to remove the vehicle unlawfully parked in intersection even though he was successfully prosecuted for unlawfully parking in the intersection and both the charges arose out of the same incident. State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Legislative Intent.

        In subdivision (3), legislature intended to preserve the orderly flow of traffic, while § 31-12-3 is designed to insure compliance with lawful orders of police officers to enforce restriction such as subdivision (3). State ex rel. Scott v. Berberian, 109 R.I. 309 , 284 A.2d 590, 1971 R.I. LEXIS 1060 (1971), cert. denied, 405 U.S. 1036, 92 S. Ct. 1314, 31 L. Ed. 2d 577, 1972 U.S. LEXIS 3042 (1972).

        Collateral References.

        Parking at improper place as affecting liability for automobile accident. 73 A.L.R. 1074.

        Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident. 4 A.L.R.3d 324.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-5. Unauthorized movement of vehicle into prohibited area.

        No person shall move a vehicle not lawfully under his or her control into any prohibited area or away from a curb to a distance that is unlawful.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 3; G.L. 1956, § 31-21-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 3; G.L. 1956, § 31-21-5 .

        >>>>>>> origin/main 31-21-6. Admission or discharge of passengers.

        The driver of any vehicle admitting or discharging passengers to or from his or her vehicle shall do so as close as practicable to the right-hand curb or edge of the roadway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 4; G.L. 1956, § 31-21-6 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 4; G.L. 1956, § 31-21-6 .

        >>>>>>> origin/main

        Collateral References.

        Liability of motorbus carrier or driver for death of, or injury to, discharged passenger struck by other vehicle. 16 A.L.R.5th 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-7. Parallel parking — Proximity to curb.

        Except as otherwise provided in §§ 31-21-8 and 31-21-9 , every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of the vehicle parallel to and within twelve inches (12") of the right-hand curb.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-7 .

        >>>>>>> origin/main

        Collateral References.

        Construction and effect in civil actions of statute, ordinance or regulation requiring vehicles to be stopped or parked parellel with, and within certain distances of curb. 17 A.L.R.2d 582.

        Duty of motor vehicle driver as to children near parked vehicle. 30 A.L.R.2d 102.

        Stationary automobile on wrong side of street or highway, negligence of driver of car colliding with. 70 A.L.R. 1025.

        Wrong side of road, collision at night with car standing on, with lights on. 59 A.L.R. 590.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-8. Left curb parking.

        Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within twelve inches (12") of the left-hand curb of a one-way roadway.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-8 .

        >>>>>>> origin/main

        Cross References.

        One-way highways, § 31-15-9 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-9. Angle parking.

        Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal aid or state highway unless the state traffic commission has determined by resolution or order entered in its minutes, that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-9 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-9 .

        >>>>>>> origin/main 31-21-10. Restriction of parking on state highways.

        The state traffic commission, with respect to highways under its jurisdiction, may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic on it. The signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on the signs.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 32, § 5; G.L. 1956, § 31-21-10 .

        >>>>>>> origin/main 31-21-10.1. Removal of vehicles parked in excess of twenty-four hours.

        No motor vehicle shall be parked upon any highway under the jurisdiction of the state traffic commission for a continuous period in excess of twenty-four (24) hours. Any law enforcement officer, state or municipal, may order the removal of the vehicle by towing. Any charges incurred for the towing shall be recoverable from the owner of the vehicle by the state or the municipality paying for the towing by civil action commenced in the district court for the district in which the illegal parking occurred. The civil action shall not be available, however, if the owner of the vehicle pays towing charges directly to the person who furnished the towing services.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1966, ch. 138, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-11. Removal of disabled vehicle obstructing traffic on state highway, state bridge, or state tunnel.

        Whenever a vehicle, whether attended or unattended, is disabled upon any state highway, state bridge, state causeway, or in a state tunnel where the vehicle constitutes an obstruction to traffic, the department of transportation is authorized to remove, or to provide for the removal of, the vehicle to the nearest garage, service station, or other place of safety at no expense to the owner or operator of the disabled vehicle for its removal.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1965, ch. 165, § 2; P.L. 2008, ch. 98, § 17; P.L. 2008, ch. 145, § 17.

        Cross References.

        Towing cost to be paid by owner, § 31-22-14 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-12. Acquisition, maintenance, and operation of tow trucks by department of transportation.

        The department of transportation is authorized to acquire, equip, maintain and operate not more than four (4) tow trucks, and to assign state employees to the trucks for the removal of disabled motor vehicles from state highways, state bridges, state causeways, or state tunnels in accordance with § 31-21-11 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1965, ch. 165, § 2; P.L. 2008, ch. 98, § 17; P.L. 2008, ch. 145, § 17.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-13. Repealed.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1979, ch. 226, § 1; Repealed by P.L. 1980, ch. 303, § 1.

        Compiler’s Notes.

        Former § 31-21-13 concerned parking for physically handicapped. For present law see § 31-28-7.1 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-14. Opening vehicle doors.

        No person shall open the door of a motor vehicle on the roadways, streets, or highways of this state, available to moving traffic, unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall leave a door open on the side of a vehicle available to moving traffic, including pedestrians and bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to load or unload passengers. Any person violating the provisions of this section shall be fined as provided in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1980, ch. 201, § 1; P.L. 2002, ch. 58, § 2; P.L. 2002, ch. 292, § 118; P.L. 2005, ch. 64, § 6; P.L. 2005, ch. 67, § 6; P.L. 2008, ch. 100, art. 12, § 8.

        <<<<<<< HEAD
        =======

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-15. Temporary no parking.

        In the event that the state or any municipality creates a temporary parking ban in a given area, any signs within that area allowing parking shall be covered in such a manner that the lettering on the signs shall not be visible, provided that, the provisions of this section pertaining to the covering of signs need not be complied with during any snow emergency or other emergency, or when the state or municipality is conducting any street sweeping or other maintenance activities. Any costs to be incurred shall be borne by the municipality in which the signs are located, and the provisions of this section shall not be considered as state mandated costs pursuant to chapter 13 of title 45.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 419, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-16. Liability of owner, operator, and lessee.

        1. The owner of a rented or leased motor vehicle shall be entitled to establish non-liability for parking violations by providing to the traffic tribunal or any municipality which has jurisdiction over parking tickets, a copy of a written rental or lease agreement which shall be prima facie evidence that the lessee was the operator of the vehicle.
        2. The issuing authority shall provide to the owner of a rented or leased vehicle a notice, in writing, of each parking violation in which a motor vehicle owned by the rental or leasing company is involved, including the license number of the vehicle and the date and time of the parking violation. Upon receipt of this notice the owner of a rented or leased vehicle shall inform the issuing authority, within twenty (20) days, to the extent available, the operator’s name, home address, employer, employer’s address, and local address, if any.
        3. The renter or lessee shall not be considered an agent of the owner if the owner is engaged in the business of renting or leasing vehicles.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 419, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21-17. Motorcycle parking privileges.

        1. Whenever the proprietor of any shopping center including a shopping mall shall provide for parking spaces designated for use by motorcycles only, then no person shall park any vehicle other than a properly registered motorcycle in the space. Any person who unlawfully parks a vehicle in parking spaces designated for motorcycles shall be fined twenty-five dollars ($25.00) for a first violation, seventy-five dollars ($75.00) for a second violation, and one hundred dollars ($100) for a third or subsequent violation. The vehicle may be subject to towing at the owner’s expense.
        2. Enforcement of the parking provisions of this section shall be enforced by the local authorities.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 497, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21-18. Electric vehicle charging station parking restrictions.

        1. For the purposes of this section, “electric vehicle charging station” means a public or private parking space that is served by charging equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle.
        2. No person shall stop, stand, or park a vehicle in any electric vehicle charging station provided on any public or private parking space if the vehicle is not connected to the charging equipment and where the electric vehicle charging station is indicated by signage identifying the station as an electric vehicle charging station and indicating that it is only for electric vehicle charging and subject to a parking violation.
        3. Enforcement of the parking provisions of this section shall be enforced by the local or state authorities on public or private property when the location of the parking spaces is within the purview of the state building code, chapter 27.3 of title 23.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2017, ch. 204, § 1; P.L. 2017, ch. 259, § 1.

        Compiler’s Notes.

        P.L. 2017, ch. 204, § 1, and P.L. 2017, ch. 259, § 1 enacted identical versions of this section.

        Chapter 21.1 Traffic Stops Statistics

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.1-1. Short title.

        This Chapter may be cited as the “Traffic Stops Statistics Act.”

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1.

        Law Reviews.

        2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

        For article, The Rhode Island General Assembly in the Defense of Civil Liberties, see 12 Roger Williams U. L. Rev. 361 (2007).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.1-2. Declaration and policy.

        The general assembly declares that the use of racial profiling for stopping or searching motorists on our public highways is against public policy and violates the civil rights of the motorist. For purposes of this chapter, “racial profiling” means the detention, interdiction or other disparate treatment of an individual on the basis, in whole or in part, of the racial or ethnic status of such individual, except when such status is used in combination with other identifying factors in seeking to apprehend a specific suspect whose racial or ethnic status is part of the description of the suspect. The purpose of this chapter is to conduct a study of the traffic stops by the police to determine whether racial profiling is occurring and to require that police prohibit the practice of racial profiling.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1; P.L. 2003, ch. 230, § 2; P.L. 2003, ch. 240, § 2.

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        >>>>>>> origin/main 31-21.1-3. Advisory committee — Establishment — Duties.

        1. There is established an advisory committee to be called the “traffic stop study advisory committee.” The committee shall consist of thirteen (13) members:
          1. Three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker;
          2. Three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the president of the senate;
          3. Two (2) of whom shall be appointed by the governor;
          4. One of whom shall be the attorney general’s designee, who shall be the president of the Rhode Island Police Chiefs Association;
          5. One of whom shall be the executive director of the Urban League of Rhode Island or his or her designee;
          6. One of whom shall be the executive director of the National Conference for Community and Justice (NCCJ) or his or her designee;
          7. One of whom shall be the executive director of the Rhode Island commission for human rights or his or her designee; and
          8. One of whom shall be a representative from a college or university in Rhode Island, who shall be a professor of statistics, to be appointed by the governor.
        2. The committee shall advise the attorney general throughout the course of the traffic stop study authorized by this chapter. The attorney general shall work in cooperation with the committee and shall keep the committee informed on all matters relating to the implementation and enforcement of this chapter, including but not limited to, information on all data collected and budgetary expenditures. The committee is advisory only with all power under the chapter resting with the attorney general.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1; P.L. 2001, ch. 180, § 67.

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        >>>>>>> origin/main 31-21.1-4. Traffic stop study.

        1. The attorney general is authorized to and shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal police department. The study shall include the collection and analysis of the data received from the police department pursuant to this section, which shall include the following information for each traffic stop conducted by the police:
          1. The date, time and general location of the traffic stop;
          2. The race or ethnicity, gender, and approximate age of the driver stopped; provided that the identification of these characteristics shall be based on the observation and perception of the police officer making the stop and the information shall not be requested of the person stopped;
          3. The reason for the stop;
          4. Whether a search was instituted as a result of the stop;
          5. The scope of any search conducted;
          6. Whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime;
          7. Whether any contraband, including money, was seized in the course of the search, and if so, the nature of the contraband;
          8. Whether any warning or citation was issued as a result of the stop;
          9. Whether an arrest was made as a result of either the stop or the search;
          10. The approximate duration of the stop; and
          11. Whether the vehicle is registered in Rhode Island or out of the state.
        2. Not later than ninety (90) days after July 13, 2000, the attorney general, with the advice of the committee, shall develop a form, in both printed and electronic format, to be used by each police officer when making a traffic stop to record the data required under this chapter.
        3. Beginning January 15, 2001, and monthly thereafter, each municipal police department and the Rhode Island state police shall transmit to the attorney general a report containing:
          1. All of the forms collected to date of motorists who were stopped;
          2. Any complaints filed by motorists who believed they were the subject of racial profiling, provided that no information revealing the identity of the complainant, witnesses or the law enforcement officer involved in the traffic stop shall be used, transmitted or disclosed in violation of the provisions of Chapter 28.6 of Title 42, the Law Enforcement Officers’ Bill of Rights; and
          3. Any other information the police department or Rhode Island state police deem appropriate.
        4. The study authorized under this chapter shall include a multi-variate analysis of the collected data in accordance with general statistical standards. The attorney general shall collect data for a period of not less than twenty-four (24) months and report its findings and conclusions to the governor and the general assembly not later than thirty (30) months after the commencement of the collection of data under this chapter. The report, findings and conclusions submitted pursuant to this subsection shall be deemed a public record.
        5. In addition, the attorney general, with the advice of the committee, shall prepare on a quarterly basis a summary report of the monthly data provided by each police department and the state police for that quarterly period. The report shall be a public record. The summary report shall include a monthly breakdown by race for each police department of the number of traffic stops made and of searches conducted, and any other information deemed appropriate by the attorney general with the advice of the committee. The report shall be released not more than ninety (90) days after the end of each quarterly period. No information revealing the identity of any individual shall be contained in the report.
        6. Upon July 13, 2000, the attorney general with the advice of the committee shall procure the services of an organization, company, person or other entity with sufficient expertise in the field of statistics to assist with the implementation of this chapter. The organization, company, person or other entity so retained shall assist the attorney general and the committee with the design of the methodology for gathering statistics pursuant to this chapter, monitor compliance with the act throughout the study, and conduct a statistical analysis at the conclusion of the study to determine the extent to which racial profiling exists within the state.
        7. Appropriate funding shall be made available to implement the provisions of this chapter.
        8. The department of attorney general shall be exempt from the provisions of chapter 2 of title 37 in connection with its procurement of equipment and services necessary to the implementation of this chapter.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1; P.L. 2003, ch. 230, § 2; P.L. 2003, ch. 240, § 2.

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        >>>>>>> origin/main 31-21.1-5. Adoption of written policies.

        1. Not later than ninety (90) days after January 1, 2004, each police department and the state police shall adopt written policies which shall prohibit the use of racial profiling as the sole reason for stopping or searching motorists for routine traffic stops.
        2. Copies of the policies adopted pursuant to this section shall be submitted to the attorney general and the committee, and shall be public records.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1; P.L. 2003, ch. 230, § 2; P.L. 2003, ch. 240, § 2; P.L. 2010, ch. 239, § 29.

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        >>>>>>> origin/main 31-21.1-6. Data collection and use.

        1. Except as otherwise specified in this chapter, data acquired under this section shall be used only for: (1) research or statistical purposes; or (2) in any legal or administrative proceeding to establish an inference of discrimination on the basis of particular identifying characteristics, by court order. All data collected pursuant to this chapter shall be public; provided, that any complaints filed pursuant to § 31-21.1-4(c)(2) shall be subject to the provisions of chapter 28.6 of title 42.
        2. Any police officer who in good faith records traffic stop information pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording the information unless the officer’s conduct was reckless.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1; P.L. 2004, ch. 331, § 2; P.L. 2004, ch. 356, § 2.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.1-7. Penalties for refusal to act.

        An organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, may seek appropriate relief in a civil action against any police department for failing to collect or transmit the data as required in this chapter, and may be awarded its costs, including attorneys’ fees, for bringing such an action. As a condition precedent to the filing of a civil action by an organization under this section, the organization shall send a notice to the attorney general and the committee identifying the police department which is failing to collect or transmit the data and the organization shall then allow fifteen (15) days to elapse to allow the police department to come into compliance or to allow the attorney general to commence a civil action to enforce compliance with this chapter.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 251, § 1.

        Chapter 21.2 Comprehensive Community-Police Relationship Act of 2015

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.2-1. Title.

        This chapter may be cited as “Racial Profiling Prevention Act of 2004.”

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1.

        Collateral References.

        Construction and application of state statutory provisions prohibiting racial profiling. 102 A.L.R.6th 621.

        Racial profiling by law enforcement officers in connection with traffic stops as infringement of federal constitutional rights or federal civil rights statutes. 91 A.L.R. Fed. 2d 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.2-2. Findings.

        1. Municipal and state law enforcement officers play a vital role in protecting the public from crime. The vast majority of police officers discharge their duties professionally and without bias.
        2. The use by police officers of race, ethnicity, or national origin solely in deciding which persons should be subject to traffic stops, searches and seizures is improper.
        3. In many communities nonwhite drivers in Rhode Island, subjected to discretionary searches, are twice as likely as whites to be searched.
        4. In some instances, law enforcement practices may have the unintended effect of promoting racially disparate stops and searches.
        5. Racial profiling harms individuals subjected to it because they experience fear, anxiety, humiliation, anger, resentment and cynicism when they are unjustifiably treated as criminal suspects.
        6. Racial profiling damages law enforcement and the criminal justice system as a whole by undermining public confidence and trust in the police, the courts, and criminal law, and thereby undermining law enforcement efforts and ability to solve and reduce crime.
        7. A comprehensive solution is needed to address racial profiling at the state and local levels.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.2-3. Ban on racial profiling.

        No state or municipal law enforcement officer or law enforcement agency shall engage in racial profiling. For purposes of this chapter, “racial profiling” means the detention, interdiction or other disparate treatment of an individual on the basis, in whole or in part, of the racial or ethnic status of such individual, except when such status is used in combination with other identifying factors seeking to apprehend a specific suspect whose racial or ethnic status is part of the description of the suspect, which description is timely and reliable.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1.

        Law Reviews.

        For article, The Rhode Island General Assembly in the Defense of Civil Liberties, see 12 Roger Williams U. L. Rev. 361 (2007).

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Searches.

        When students sued police officers for searching the students after obtaining the consent of the students’ coach, the officers were entitled to summary judgment regarding the students’ racial profiling claim because there was no evidence that the students’ race or ethnicity motivated the officers’ conduct. Lopera v. Town of Coventry, 652 F. Supp. 2d 203, 2009 U.S. Dist. LEXIS 83320 (D.R.I. 2009), aff'd, 640 F.3d 388, 2011 U.S. App. LEXIS 6757 (1st Cir. 2011).

        Where officers searched high school soccer players in the presence of an abusive crowd, officers were entitled to qualified immunity as to the players’ equal protection and state racial discrimination claims because, inter alia, the players failed to produce sufficient evidence of discriminatory intent to defeat qualified immunity. Lopera v. Town of Coventry, 640 F.3d 388, 2011 U.S. App. LEXIS 6757 (1st Cir. 2011).

        =======
        Searches.

        When students sued police officers for searching the students after obtaining the consent of the students’ coach, the officers were entitled to summary judgment regarding the students’ racial profiling claim because there was no evidence that the students’ race or ethnicity motivated the officers’ conduct. Lopera v. Town of Coventry, 652 F. Supp. 2d 203, 2009 U.S. Dist. LEXIS 83320 (D.R.I. 2009), aff'd, 640 F.3d 388, 2011 U.S. App. LEXIS 6757 (1st Cir. 2011).

        Where officers searched high school soccer players in the presence of an abusive crowd, officers were entitled to qualified immunity as to the players’ equal protection and state racial discrimination claims because, inter alia, the players failed to produce sufficient evidence of discriminatory intent to defeat qualified immunity. Lopera v. Town of Coventry, 640 F.3d 388, 2011 U.S. App. LEXIS 6757 (1st Cir. 2011).

        >>>>>>> origin/main

        Collateral References.

        Construction and application of state statutory provisions prohibiting racial profiling. 102 A.L.R.6th 621.

        Racial profiling by law enforcement officers in connection with traffic stops as infringement of federal constitutional rights or federal civil rights statutes. 91 A.L.R. Fed. 2d 1.

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        >>>>>>> origin/main 31-21.2-4. Enforcement.

        Any individual who alleges a violation of this chapter, other than § 31-21.2-6 , may file a civil action for damages and any appropriate and equitable relief in Superior Court. The court may allow a prevailing plaintiff reasonable attorneys’ fees as part of the costs.

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        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1.

        Collateral References.

        Construction and application of state statutory provisions prohibiting racial profiling. 102 A.L.R.6th 621.

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        >>>>>>> origin/main 31-21.2-5. Law enforcement practices.

        1. Unless there exists reasonable suspicion or probable cause of criminal activity, no motor vehicle stopped for a traffic violation shall be detained beyond the time needed to address the violation. Nothing contained herein shall prohibit the detention of a motor vehicle for a reasonable period of time for the arrival of a canine unit or subsequent criminal investigation if there is reasonable suspicion or probable cause of criminal activity.
        2. No operator or owner-passenger of a motor vehicle shall be requested to consent to a search by a law enforcement officer of his or her motor vehicle, that is stopped solely for a traffic violation, unless there exists reasonable suspicion or probable cause of criminal activity. No pedestrian shall be requested to consent to a search by a law enforcement officer of his or her person, unless there exists reasonable suspicion or probable cause of criminal activity. No juvenile shall be requested to consent to a search by a law enforcement officer unless there exists reasonable suspicion or probable cause of criminal activity. In those instances in which a warrant would be required, a law enforcement officer must advise the juvenile that he or she may refuse to consent to, or limit the scope of, any requested search. The determination of age of the individual shall be based on the perception of the officer making a good faith effort in advance of requesting consent. Nothing contained in this subsection shall be construed to prohibit a law enforcement officer from conducting a pat down search for weapons based upon a reasonable belief that the officer’s personal safety may be jeopardized.
        3. <<<<<<< HEAD Each search conducted by a law enforcement officer that does not result in criminal charges shall be documented in a computer-aided dispatch (CAD) entry or other police-generated report. Each search conducted by a law enforcement officer that results in criminal charges shall be documented in a police-generated report. The CAD entry or formal police report shall include the date, time, and location of the stop/search, along with the “reasonable suspicion” or “probable cause” leading to the search. The CAD entry or formal police report shall also include the race, age, and gender of the individual(s) searched and the results of the search. The document, exclusive of information identifying the law enforcement officer, shall be a public record, subject to the access to public records act, § 38-2-2(4)(D), law enforcement exemptions. For purposes of this section, “computer-aided dispatch” (CAD) means an electronic system used by public safety agencies to facilitate incident response and communications in the field that electronically records information on call taking, dispatching, location verification, mapping, and other functions for public safety. ======= Each search conducted by a law enforcement officer that does not result in criminal charges shall be documented in a computer-aided dispatch (CAD) entry or other police-generated report. Each search conducted by a law enforcement officer that results in criminal charges shall be documented in a police-generated report. The CAD entry or formal police report shall include the date, time, and location of the stop/search, along with the “reasonable suspicion” or “probable cause” leading to the search. The CAD entry or formal police report shall also include the race, age, and gender of the individual(s) searched and the results of the search. The document, exclusive of information identifying the law enforcement officer, shall be a public record, subject to the access to public records act, § 38-2-2(4)(D) , law enforcement exemptions. For purposes of this section, “computer-aided dispatch” (CAD) means an electronic system used by public safety agencies to facilitate incident response and communications in the field that electronically records information on call taking, dispatching, location verification, mapping, and other functions for public safety. >>>>>>> origin/main
        4. With the exception of operators who are subject to federal motor carrier regulations, no operator of a motor vehicle shall be requested to provide any documentation or identification other than a driver’s license, motor vehicle registration, and/or proof of insurance when the motor vehicle has been stopped solely for a traffic violation, unless there exists reasonable suspicion or probable cause of criminal activity or the operator has failed to produce a valid driver’s license.
        5. <<<<<<< HEAD If a violation of the traffic laws in this title is used to stop a motor vehicle for non-related investigatory reasons, the law enforcement officer shall document in writing or electronically the investigatory basis for the stop. The documentation of such stops shall commence no later than twelve (12) months after passage of this act and shall be assessed every six (6) months by the respective police department as to whether the suspicion was justified and the data be made publicly available, subject to the access to public records act, § 38-2-2(4)(D), law enforcement exemptions. ======= If a violation of the traffic laws in this title is used to stop a motor vehicle for non-related investigatory reasons, the law enforcement officer shall document in writing or electronically the investigatory basis for the stop. The documentation of such stops shall commence no later than twelve (12) months after passage of this act and shall be assessed every six (6) months by the respective police department as to whether the suspicion was justified and the data be made publicly available, subject to the access to public records act, § 38-2-2(4)(D) , law enforcement exemptions. >>>>>>> origin/main
        6. Any evidence obtained as a result of a search prohibited by subsection (a) or (b) shall be inadmissible in any judicial proceeding. Nothing contained herein shall be construed to preclude any search otherwise based upon any legally sufficient cause.
        7. Law enforcement agencies using video and/or audio surveillance cameras in their vehicles shall adopt written policies and procedures regarding the use of such cameras, which shall be public records, and which shall include, but not be limited to, the following standards:
          1. All motor vehicle stops conducted by police vehicles with such equipment shall be recorded barring exceptions outlined below. In an effort to objectively memorialize relevant observations, the recording shall begin no later than when an officer first signals the vehicle to stop; and, barring conditions that could compromise a sensitive investigation, jeopardize the safety of a vehicle occupant or cooperating victim/witness and/or unforeseen equipment malfunction, the recording shall continue until the motor vehicle stop is completed and the stopped vehicle departs, or until the officer’s participation in the motor vehicle stop ends;
          2. Law enforcement agencies that acquire video and/or audio surveillance cameras for use in their vehicles shall:
            1. Notify the office of highway safety of the Rhode Island department of transportation that such equipment has been acquired and will be in use and the department of transportation shall post notice of such use on its website;
            2. Issue a press release advising the public that such equipment will be in use; and
            3. Post notice on its website that such equipment will be in use;
          3. A chain of custody of the video/audio recordings, hereafter referred to as “recording(s),” shall be maintained;
            1. A driver of a motor vehicle who was recorded by a video/audio surveillance camera, and/or his or her legal counsel, shall have the right to view the in-car recording at the police station, provided that the viewing does not compromise an active investigation;
            2. A passenger of a motor vehicle who was recorded by a video/audio surveillance camera, and/or his or her legal counsel, shall have the right to view the in-car recording at the police station if that passenger became the subject of the police interaction recorded, provided that the viewing does not compromise an active investigation;
          5. The policy shall address the period of retention for such recordings, and procedures to be used to ensure that the recording equipment is in proper working order, and shall bar the destruction of any recording of an incident that is the subject of a pending complaint, misconduct investigation, or civil or criminal proceeding. Such recordings shall be retained for a minimum of ten (10) days after the final resolution of such investigation or proceeding, including the time for any appeal;
          6. The policy shall explicitly prohibit any violation of these requirements, including any attempts to disengage or tamper with the video/audio surveillance equipment, deliberately and prematurely erase or alter a recording, or to otherwise fail to record stops as specified herein barring the aforementioned limited exceptions; and
          7. The video/audio surveillance recordings regulated by this section shall not be deemed public records under the access to public records act, § 38-2-1 et seq. A court may impose any appropriate remedy in any civil or criminal proceeding where a knowing and willful violation of these standards is found to have been committed.
        8. Law enforcement officers shall advise any motorist who is stopped of the reason for the stop.
        9. Law enforcement agencies with mobile display terminals in police vehicles shall adopt policies and procedures governing their use that shall include the criteria necessary to initiate a record check on a motor vehicle license or registrant. All law enforcement agencies must comply with state and federal guidelines related to the use and access of Rhode Island law enforcement telecommunication system (RILETS) and National Criminal Identification Center (NCIC).
        10. The policies and procedures established by this section shall be added to, and prominently placed in, all relevant departmental policy and training manuals. Other appropriate training about the requirements of this chapter shall also be provided to all officers.
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        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1; P.L. 2015, ch. 214, § 2; P.L. 2015, ch. 235, § 2.

        Compiler’s Notes.

        P.L. 2015, ch. 214, § 2, and P.L. 2015, ch. 235, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2015, ch. 214, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        P.L. 2015, ch. 235, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        NOTES TO DECISIONS

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        Qualified Immunity.

        Because defendant state police officer had sufficient facts to warrant first reasonable suspicion, and later, probable cause of immigration violations by plaintiff passengers in a van that he stopped for a traffic violation, the officer was entitled to qualified immunity as to challenges raised under Rhode Island’s Racial Profiling Prevention Act. Estrada v. Rhode Island, 594 F.3d 56, 2010 U.S. App. LEXIS 2390 (1st Cir. 2010).

        =======
        Qualified Immunity.

        Because defendant state police officer had sufficient facts to warrant first reasonable suspicion, and later, probable cause of immigration violations by plaintiff passengers in a van that he stopped for a traffic violation, the officer was entitled to qualified immunity as to challenges raised under Rhode Island’s Racial Profiling Prevention Act. Estrada v. Rhode Island, 594 F.3d 56, 2010 U.S. App. LEXIS 2390 (1st Cir. 2010).

        >>>>>>> origin/main

        Collateral References.

        Construction and application of state statutory provisions prohibiting racial profiling. 102 A.L.R.6th 621.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-21.2-6. Continued data collection.

        1. The office of highway safety of the Rhode Island department of transportation or a designee to be chosen by the department of transportation by January 1, 2017, is authorized to and shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal police department in order to determine whether racial disparities in traffic stops exist, and to examine whether searches of vehicles and motorists are being conducted in a disparate manner.
        2. The office of highway safety of the Rhode Island department of transportation or its designee shall, no later than January 1, 2016, develop a form or electronic equivalent to be used by each police officer when making a traffic stop to record the data required under this chapter, which form shall include for each motor vehicle stop, the race and ethnicity of the driver based on the officer’s perception, and the information listed in § 31-21.1-4 .
        3. The office of highway safety of the Rhode Island department of transportation or its designee shall advise the Rhode Island state police and each municipal police department of the date that data collection shall commence. Data collection shall begin not later than January 1, 2016, but may begin prior to that time upon notification to police departments from the office of highway safety of the Rhode Island department of transportation or its designee.
        4. A traffic stop data collection card or electronic equivalent shall be completed for each routine traffic stop by the Rhode Island state police and municipal police department during the term of this study.
        5. Upon commencement of data collection, and monthly thereafter, each municipal police department and the Rhode Island state police shall transmit to the office of highway safety of the Rhode Island department of transportation or its designee all forms or electronic data collected to date of motorists who were stopped, and any other information the police department or the Rhode Island state police deem appropriate. Data collection shall continue for forty-eight (48) months following commencement of data collection.
        6. Appropriate funding may be made available to implement the provision of this chapter and completion of this study shall be contingent upon such funding.
        7. The study shall include a multivariate analysis of the collected data in accordance with general statistical standards and shall be substantially similar to the study prepared pursuant to chapter 21.1 of this title. The study shall be prepared by an organization, company, person, or other entity with sufficient expertise in the field of statistics and the study of traffic stop data collection to assist with the implementation of this chapter, and chosen by the office of highway safety of the Rhode Island department of transportation or its designee. The study shall be released on an annual basis, with the first release not later than eighteen (18) months after commencement of data collection under this chapter. The report, findings, and conclusions submitted pursuant to this subsection shall be a public record.
        8. The office of highway safety of the Rhode Island department of transportation, or its designee, shall be exempt from the provisions of chapter 2 of title 37 in connection with its procurement of equipment and services necessary to the implementation of this chapter.
        9. On a quarterly basis, a summary report of the monthly data provided by each police department and the state police for that quarterly period shall be issued. The report shall be a public record. The summary report shall include, at a minimum, a monthly breakdown by race, age, gender, and outcome for operators for each police department of the number of traffic stops made and of searches conducted. For those police departments collecting data through the use of mobile display terminals in police vehicles, the report shall also include a breakdown by race and outcome for operators. The report shall be released not more than ninety (90) days after the end of each quarterly period. No information revealing the identity of any individual shall be contained in the report.
        10. Every law enforcement agency collecting data pursuant to this chapter shall ensure that supervisory personnel review each officer’s stop and search documentation and data results on a monthly basis to ensure compliance with all policies, prohibitions, and documentation requirements.
        11. The head of every law enforcement agency subject to this chapter, or his or her designee, shall review the data on a regular basis in an effort to determine whether any racial disparities in the agency’s traffic stops enforcement exists, and to appropriately respond to any such disparities. It is understood that disparities may or may not equate to racial profiling.
        12. An organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a governmental or quasi-governmental entity may seek appropriate relief in a civil action against any police department for failing to collect or transmit the data required in this chapter, and may be awarded its costs, including attorney’s fees, for bringing such an action. As a condition precedent to the filing of a civil action by an organization under this section, the organization shall send a notice to the office of highway safety of the Rhode Island department of transportation or its designee identifying the police department which is failing to collect or transmit the data and the organization shall then allow fifteen (15) days to elapse.
        13. The office of highway safety of the Rhode Island department of transportation or its designee shall consult with community, police and civil rights representatives in the development of the form required by subsection (b) and on at least a quarterly basis shall consult on other issues that arise relating to the implementation and enforcement of this chapter including the information generated by the issuance of the reports required by subsection (i).
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1; P.L. 2015, ch. 214, § 2; P.L. 2015, ch. 235, § 2.

        Compiler’s Notes.

        P.L. 2015, ch. 214, § 2, and P.L. 2015, ch. 235, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2015, ch. 214, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        P.L. 2015, ch. 235, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21.2-7. Data collection and use.

        1. Data acquired under this chapter shall not be used in any civil proceeding to establish or rebut an inference of discrimination except by court order or when otherwise admissible in accordance with rules of civil procedure. It is understood that disparities may or may not equate to racial profiling. All data collected pursuant to this chapter shall be public. For those motor vehicle stops where a citation was issued or an arrest was made, the forms prepared pursuant to § 31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data collection form shall not include the name or badge number of the officer completing the form. The report from the department of transportation or its designee shall not be officer specific.
        2. Any police officer who in good faith records traffic stop information pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording the information unless the officer’s conduct was reckless.
        3. All police departments shall submit to the office of highway safety of the department of transportation, or its designee, on an annual basis beginning on July 15, 2016, and for four (4) years following the conclusion of data collection, a report indicating what action, if any, has been taken, to address any racial disparities in traffic stops and/or searches documented in the studies authorized by §§ 31-21.1-4 and 31-21.2-6 , and to otherwise implement any recommendations of those studies, including, but not limited to, any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and review of traffic stop data and the results of such review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not identify the officer. The office of highway safety of the department of transportation or its designee shall issue guidelines for police departments to follow in preparing these reports. The reports shall be public records and shall contain a certification that the department has complied with § 31-21.2-6(j) and (k).
        4. Every twelve (12) months, each state and municipal law enforcement agency shall submit to the office of highway safety of the Rhode Island department of transportation, or its designee, on a brief form prepared by that office, or its designee, information summarizing what, if any, actions were taken by the agency in response to any racial disparities documented in the previous reports issued pursuant to § 31-21.2-6(i) . The summary shall include, but not be limited to: any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and review of traffic stop data and the results of such review; or the initiation of any disciplinary action. Any references to disciplinary action shall not identify the officer. The forms shall be public records, and shall contain a certification that the department has complied with § 31-21.2-6(j) and (k).
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1; P.L. 2015, ch. 214, § 2; P.L. 2015, ch. 235, § 2.

        Compiler’s Notes.

        P.L. 2015, ch. 214, § 2, and P.L. 2015, ch. 235, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2015, ch. 214, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        P.L. 2015, ch. 235, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-21.2-8. Complaint procedures.

        1. Each state and municipal law enforcement agency shall establish a procedure to investigate complaints of police misconduct by members of the public against personnel of these agencies, and shall make a written description of the procedure available to the public. Copies of any departmental complaint forms shall be available in at least one governmental location other than the police department. The procedure and forms shall also be made available on any website of a law enforcement agency.
        2. At a minimum, complaints shall be accepted in person by mail or by facsimile.
        3. Information on the complaints received by each law enforcement agency shall be compiled on an annual basis by the state police and each municipal law enforcement agency and published in each agency’s annual report and/or on its website. The information compiled by each department shall include the total number of complaints received from the public, a breakdown by category of the type of complaint, and a further breakdown by category of the disposition of the complaints.
        4. <<<<<<< HEAD The state police and all municipal law enforcement agencies shall make available as a public record subject to the access to public records act, § 38-2-2(4)(D), law enforcement exemptions:
            ======= The state police and all municipal law enforcement agencies shall make available as a public record subject to the access to public records act, § 38-2-2(4)(D) , law enforcement exemptions:
              >>>>>>> origin/main
            1. Copies of any formal or informal arrangements between the state police or a municipal law enforcement agency and the bureau of immigration and customs enforcement/homeland security investigations concerning the questioning, detention, investigation, arrest, apprehension, stopping, referral or processing of individuals within the state of Rhode Island, including copies of any agreements entered into pursuant to 8 U.S.C. § 1357(g); and
            2. Any policies or procedures governing the circumstances under which an inquiry to federal authorities is made to determine a person’s immigration status.
          <<<<<<< HEAD

          =======

          >>>>>>> origin/main History of Section. P.L. 2004, ch. 331, § 1; P.L. 2004, ch. 356, § 1; P.L. 2015, ch. 214, § 2; P.L. 2015, ch. 235, § 2.

          Compiler’s Notes.

          P.L. 2015, ch. 214, § 2, and P.L. 2015, ch. 235, § 2 enacted identical amendments to this section.

          Effective Dates.

          P.L. 2015, ch. 214, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

          P.L. 2015, ch. 235, § 3, provides that the amendment to this section by that act takes effect on January 1, 2016.

        Chapter 22 Miscellaneous Rules

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-1. Unattended vehicles.

        No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway. However, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 1; G.L. 1956, § 31-22-1 ; P.L. 1977, ch. 117, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 1; G.L. 1956, § 31-22-1 ; P.L. 1977, ch. 117, § 1.

        >>>>>>> origin/main

        Comparative Legislation.

        Unattended and parked vehicles:

        Conn. Gen. Stat. §§ 14-228 and 14-251.

        Mass. Ann. Laws ch. 90, § 13.

        NOTES TO DECISIONS

        Intervening Cause.

        Defendant left his motor vehicle on the hospital grounds unlocked and unattended, where it was driven off by some unauthorized person, who collided with plaintiff’s automobile. Defendant’s original act of negligence will be considered as a remote and not a proximate cause of plaintiff’s injury when there is an intervening act on the part of a responsible third person. Clements v. Tashjoin, 92 R.I. 308 , 168 A.2d 472, 1961 R.I. LEXIS 38 (1961).

        Where defendant parked his car on a steep hill without turning the wheels into the curb and left it with the motor running and two young girls got into the car to wait for him and, while waiting, wrestled with each other, thereby accidentally disturbing the emergency brake so that the car rolled down the hill and struck another parked car, the trial court was warranted in finding that defendant’s negligence in so parking his car was not the proximate cause of the accident. Nolan v. Bacon, 100 R.I. 360 , 216 A.2d 126, 1966 R.I. LEXIS 441 (1966).

        Leaving Key in Ignition.

        Under former statute, leaving ignition key in vehicle did not constitute negligence as a proximate cause of injury where turning of the key could not set the vehicle in motion. Kelly v. Davis, 48 R.I. 94 , 135 A. 602, 1927 R.I. LEXIS 17 (1927).

        Collateral References.

        Accidental starting up of parked motor vehicle, liability for injury or damage caused by. 16 A.L.R.2d 979; 43 A.L.R.3d 930; 55 A.L.R.3d 1260.

        Child, liability for injury to, by automobile left unattended in street or highway. 140 A.L.R. 538.

        Liability for damage or injury by stranger starting automobile left unattended in street. 51 A.L.R.2d 633.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-2. Restrictions on backing.

        The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with other traffic. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 2; G.L. 1956, § 31-22-2 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 2; G.L. 1956, § 31-22-2 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main

        Cross References.

        Freeway, backing on, § 24-10-18 .

        Comparative Legislation.

        Backing:

        Conn. Gen. Stat. § 14-243.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-3. Riding on motorcycles.

        1. A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it. The operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
        2. In no event shall a motorcycle passenger ride in front of the operator. An operator violating the provisions of this section shall be guilty of a civil violation and upon conviction shall be fined not more than one hundred dollars ($100).
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 3; G.L. 1956, § 31-22-3 ; P.L. 1983, ch. 248, § 1; P.L. 1999, ch. 218, art. 6, § 10.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 3; G.L. 1956, § 31-22-3 ; P.L. 1983, ch. 248, § 1; P.L. 1999, ch. 218, art. 6, § 10.

        >>>>>>> origin/main

        Comparative Legislation.

        Riding on motorcycles:

        Conn. Gen. Stat. §§ 14-289a and 14-289c.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-3.1. Riding on motor driven cycles — Passengers prohibited.

        A person operating a motor driven cycle as defined in § 31-3-1(i) shall ride only upon the permanent and regular seat attached to it. The operator shall not carry any other person. An operator violating the provisions of this section shall be guilty of a civil violation and upon conviction shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for the second or subsequent offenses.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 117, § 1; P.L. 1999, ch. 218, art. 6, § 10.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-4. Overloading of vehicles.

        1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.
        2. No passenger in a vehicle shall ride in any position as to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 4; G.L. 1956, § 31-22-4 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 4; G.L. 1956, § 31-22-4 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main

        Comparative Legislation.

        Overloading vehicles:

        Conn. Gen. Stat. § 14-257.

        Collateral References.

        Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage. 104 A.L.R. 312; 44 A.L.R.2d 238.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-5. Safety zones.

        No vehicle shall at any time be driven through or within a safety zone. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 5; G.L. 1956, § 31-22-5 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 5; G.L. 1956, § 31-22-5 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main

        Collateral References.

        Liability for injury to pedestrian alighting from streetcar or other vehicle. 113 A.L.R. 532.

        Liability of owner of motor vehicle for injury to person who has alighted from or is waiting for streetcar. 47 A.L.R. 1233; 123 A.L.R. 791.

        Safety zone ordinance, validity of. 79 A.L.R. 1328.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-6. Coasting prohibited.

        1. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of the vehicle in neutral.
        2. The driver of a commercial motor vehicle, when traveling upon a down grade, shall not coast with the clutch disengaged.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 6; G.L. 1956, § 31-22-6 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 6; G.L. 1956, § 31-22-6 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main 31-22-7. Following fire apparatus.

        The driver of any vehicle other than one on official business, shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500´), or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 7; G.L. 1956, § 31-22-7 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 7; G.L. 1956, § 31-22-7 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main

        Comparative Legislation.

        Following firetrucks:

        Mass. Ann. Laws ch. 89, § 7A.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-8. Crossing fire hose.

        No vehicle shall be driven over any unprotected hose of a fire department when it is laid down on any street, or private driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 8; G.L. 1956, § 31-22-8 ; P.L. 2002, ch. 292, § 119.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 8; G.L. 1956, § 31-22-8 ; P.L. 2002, ch. 292, § 119.

        >>>>>>> origin/main 31-22-9. Throwing debris on highway — Snow removal.

        1. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the highway, or likely to deface the beauty or cleanliness of the highway, nor shall any person in removing snow from any driveway, public or private, leave the snow in any condition so as to constitute a hazard on the highway.
        2. The director of transportation shall post signs advising the public of penalties for throwing debris on the highways.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 9; G.L. 1956, § 31-22-9 ; P.L. 1958, ch. 106, §§ 1, 2; P.L. 2002, ch. 292, § 119; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 9; G.L. 1956, § 31-22-9 ; P.L. 1958, ch. 106, §§ 1, 2; P.L. 2002, ch. 292, § 119; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-10. Regulation as to school buses.

        The division of motor vehicles is authorized to adopt any rules and regulations that it may deem necessary for the safety and protection of school children concerning the type, construction, and equipment of motor vehicles primarily used for the transportation of children to and from schools, to and from child care facilities licensed by the department of children, youth and families, and to and from school sponsored activities including athletics and extra-curricular activities, and the operation of them. It may from time to time alter, rescind, or add to the rules and regulations.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 10; G.L. 1956, § 31-22-10 ; P.L. 1987, ch. 361, § 1; P.L. 1988, ch. 362, § 1; P.L. 1999, ch. 424, § 1; P.L. 1999, ch. 514, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 10; G.L. 1956, § 31-22-10 ; P.L. 1987, ch. 361, § 1; P.L. 1988, ch. 362, § 1; P.L. 1999, ch. 424, § 1; P.L. 1999, ch. 514, § 1.

        >>>>>>> origin/main

        Cross References.

        Marking of school buses, § 31-20-11 .

        Qualifications of school bus chauffeurs, § 31-10-5 .

        Stopping for school bus required, §§ 31-20-12 and 31-20-13 .

        Comparative Legislation.

        School buses:

        Conn. Gen. Stat. § 275 et seq.

        Mass. Ann. Laws ch. 90, § 7A et seq.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-22-10.1. Insurance for school buses.

        1. Every owner of a school bus or other mass transit vehicle registered with the division of motor vehicles of this state shall insure the vehicle against loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle in minimum amounts of one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per accident. The administrator of the division of motor vehicles shall not permit the vehicle to be registered until satisfactory proof of the existence of a policy of insurance providing the coverage required in conformity with the provisions of this section is furnished.
        2. The term “mass transit vehicle” for the purposes of this section means and includes any motor vehicle with a capacity of ten (10) or more persons which is primarily for the transportation of minors.
        3. The provisions of this section shall not apply to any motor vehicle owned by the Rhode Island public transit authority pursuant to chapter 18 of title 39.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1978, ch. 222, § 1; P.L. 1997, ch. 218, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11. Inspection of school buses.

        1. The division of motor vehicles shall inspect or cause to be inspected all school buses used for the transportation of school children as defined in § 31-1-3(aa) at least twice throughout the year. Both of the inspections are to be done at a state certified facility on a semiannual scheduled basis. These inspections will be known as tear down inspections that will include pulling wheels at least once each year if the school bus is equipped with drum brakes and any other work deemed necessary by the state employed or state certified inspectors. Reports of the inspections shall be made in writing and shall be filed with the inspection division of the department of revenue, and the reports shall be available at no cost for public inspection during usual business hours of the division. In the event that a school bus does not pass an inspection and a re-inspection is required, the division of motor vehicles shall impose a fee of one hundred dollars ($100) for each re-inspection.
        2. Upon receipt of the report, the inspection division shall immediately forward a copy to the registered owner and to the superintendent and school committee of the school district for which the school bus transports children.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 33, § 10; G.L. 1956, § 31-22-11 ; P.L. 1968, ch. 198, § 1; P.L. 1971, ch. 154, § 1; P.L. 1972, ch. 297, § 1; P.L. 1973, ch. 248, § 1; P.L. 1979, ch. 268, § 1; P.L. 1986, ch. 344, § 1; P.L. 1991, ch. 286, § 1; P.L. 2004, ch. 6, § 16; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18; P.L. 2012, ch. 241, art. 21, § 14.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 10; G.L. 1956, § 31-22-11 ; P.L. 1968, ch. 198, § 1; P.L. 1971, ch. 154, § 1; P.L. 1972, ch. 297, § 1; P.L. 1973, ch. 248, § 1; P.L. 1979, ch. 268, § 1; P.L. 1986, ch. 344, § 1; P.L. 1991, ch. 286, § 1; P.L. 2004, ch. 6, § 16; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18; P.L. 2012, ch. 241, art. 21, § 14.

        >>>>>>> origin/main 31-22-11.1. Enforcement of inspections of school buses.

        1. Failure of a school bus to appear for a scheduled inspection shall result in that school bus registration being immediately suspended. Notification of the failure to appear and the suspension order shall be sent to the registered owner and to the superintendent and the school committee of the district for which the bus transports children.
        2. Failure of a school bus to pass any inspection shall result in written notice to the registered owner to bring the bus into compliance within five (5) days or face suspension of the school bus registration. Notification of the failure of the bus to pass inspection shall also be sent to the superintendent and the school department for which the bus transports children.
        3. The suspensions shall remain in effect until the time that the bus passes inspection. No school bus will be used to transport children after failing an inspection until the time it is brought into compliance and passes inspection. Notification that a bus has passed inspection shall be sent to the registered owner, the school superintendent, and the school committee for which the bus transports children.
        4. The division of motor vehicles is authorized to enact such rules and regulations as it may deem necessary to enforce this section.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 344, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11.2. Maintenance of school buses.

        1. All school buses, as defined in § 31-1-3 , shall be maintained in a safe operating condition through an approved systematic preventive maintenance program. Defects which could create a hazard for riders or other road users shall be corrected before the vehicle transports children.
        2. The maintenance program shall be adequate to provide the proper care of all the equipment owned, leased, or contracted, and a written record shall be kept for all repairs conducted on each bus. The records shall be retained for the life of each vehicle and shall transfer with the vehicle when sold, and the record shall be available for inspection by the director of inspections during normal business hours. Included in these records shall be a record of any torque pressure as recommended by the manufacturer.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 144, § 2; P.L. 2004, ch. 6, § 16; P.L. 2005, ch. 410, § 15.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11.3. Random inspection of school buses.

        1. The division of motor vehicles, and state and local law enforcement officers, are authorized to stop and conduct a visual inspection of any school bus as defined in 31-1-3 , on public roads and highways and in public and private parking areas. The random inspections shall be conducted at a time when no school children are on the school bus. Nothing in this section shall preclude a law enforcement officer from stopping a school bus which is transporting children for any visible violation of applicable safety standards. Whenever a law enforcement officer stops a school bus, he or she shall verify that the vehicle identification number (VIN) listed on the registration card is the same as the VIN listed on the body of the bus.
        2. Any federal or state employee authorized to stop and inspect trucks on the highways or roads of this state is authorized to conduct inspections of any school bus.
        3. Any school bus found to be in violation of applicable laws and/or regulations may be immediately impounded, and notification shall be sent to the registered owner, the school superintendent and the school committee for which the bus transports children. The bus shall not be used to transport children until the violation is cured and the bus is inspected by a state employed or state certified inspector.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 344, § 2; P.L. 2004, ch. 6, § 16.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11.4. School bus drivers pre-trip inspection.

        Every school bus driver shall perform a daily pre-trip inspection of his or her assigned vehicle, and shall report promptly and in writing any defect or deficiencies discovered that may affect the safety of the vehicle’s operation or result in mechanical breakdown. Pre-trip inspection and condition reports for school vehicles subject to the motor carrier safety regulations of the Federal Motor Carrier Safety Administration (“FMCSA”) as may be amended from time to time shall be performed in accordance with those regulations.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 344, § 2; P.L. 2005, ch. 77, § 4; P.L. 2005, ch. 82, § 4.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11.5. Use of school bus with suspended registration — Penalty.

        No registered owner, school superintendent, or driver shall use or allow to be used any school bus for transporting children after notification that the bus registration has been suspended for failure to appear for its scheduled inspection or for failure to pass the inspection. The registered owner of the bus shall be fined an amount not to exceed five hundred dollars ($500) for each day the bus is used to transport children in violation of this chapter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 344, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-22-11.6. Childcare vehicles and school extracurricular vehicles.

          1. Pursuant to § 31-22-10 , the division of motor vehicles is authorized to promulgate rules and regulations concerning the type, construction, and equipment of motor vehicles used for the transportation of children to and from childcare facilities and to and from school sponsored activities including athletics and extracurricular activities.
            1. For the purposes of this section, “school bus,” as referred to in § 31-1-3 , is defined as a vehicle which is used to carry children to or from school on school bound routes at the outset of the children’s school day and/or on home bound routes at the end of the children’s school day. For these routes, a school bus or a pupil transportation vehicle as set forth in §§ 31-22.1-1 and 31-22.1-2 must be used regardless of the number of students being transported.
            2. For purposes of this section, “school extracurricular vehicles” is defined as vehicles designed to transport fewer than fifteen (15) students to and from school sponsored activities including athletics, internships, work experiences, and extracurricular activities where school buses are not used because of the small number of students being transported.
            3. For the purpose of this section, “childcare vehicle” is defined as a motor vehicle owned or leased by a licensed child daycare center as defined in subdivisions 42-72.1-2(6) and 42-72.1-2(11) , that does not exceed fifteen (15) passengers and is being used to transport children from schools to childcare facilities and/or from childcare facilities to schools or other activities of the child daycare center. Two (2) door sedans shall not be considered childcare vehicles or school extracurricular vehicles.
            4. For the purposes of this section, a “Family childcare home vehicle” is defined as a motor vehicle owned or leased by a family daycare home provider as defined in subdivision 42-72.1-2(10) or an assistant to that licensed provider, that does not exceed fifteen (15) passengers and is used to transport children from schools to the family childcare home and/or from the childcare home to schools or to other activities of the childcare home.
        2. The division of motor vehicles shall have the authority to suspend the registration of any vehicle used for childcare transportation or school extracurricular transportation that does not meet the following requirements:
          1. Seating.  Adequate seating space for all passengers shall be provided. The maximum seating capacity of a childcare vehicle and school extracurricular vehicle shall be fifteen (15) persons, including the driver. No standing shall be permitted while the vehicle is in operation.
          2. Safety belts.  Safety belts shall be required for all passengers riding in the childcare vehicle and school extracurricular vehicle.
          3. Vehicle registration.  All childcare vehicles and school extracurricular vehicles shall be registered as public vehicles.
          4. Vehicle inspection.  All childcare vehicles and school extracurricular vehicles shall be inspected for excessive emissions and/or safety items according to a staggered appointment schedule as determined by the director of revenue, or his or her designee, and from time to time thereafter as may be required, and the vehicle owner shall display upon the vehicle the certificate of inspection and approval issued to the vehicle until the certificate shall expire.
          5. Inspector’s rejection notice.  The director of revenue, or his or her designee, may affix a notice of rejection to any vehicle that fails to pass the required inspection requirements. The rejection notice shall not be destroyed or removed from the vehicle until the vehicle has passed the inspection requirements, or its removal has been authorized by the director of revenue or his or her designee.
            1. Vehicle identification.  Any and all childcare vehicles and school extracurricular vehicles must have the name of the childcare organization conspicuously placed on the side of the vehicle. The identification shall be required to possess two inch (2") letters, and be permanently affixed on the side of the vehicle. Family childcare home vehicles shall be exempt from the vehicle identification requirements of this section.
            2. Should any childcare vehicle and school extracurricular vehicle be a leased vehicle, the vehicle shall forego the requirement of having the name of the childcare facility or school permanently affixed to the side of the vehicle, but instead may satisfy the identification requirement by placing a magnetized sign naming the childcare facility or school or any other temporarily affixed apparatus; provided, that the temporary identification sign not be interchanged, replaced, or modified to change the purpose or function of the childcare vehicle and school extracurricular vehicle.
            1. Fire extinguisher.  The childcare vehicle and school extracurricular vehicle shall be equipped with at least one pressurized, potassium bicarbonate base dry chemical-type fire extinguisher, mounted in the manufacturer’s extinguisher bracket, and located in the driver’s compartment in full view of and readily accessible to the driver. A pressure gauge shall be mounted on the extinguisher so as to be easily read without removing the extinguisher from its mounted position.
            2. The fire extinguisher shall have a minimum capacity of not less than two and a half pounds (21/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating of not less than ten (10) B:C. The operating mechanism shall be sealed with a type of seal that will not interfere with use of the fire extinguisher.
          8. First-aid, airway, and bodily fluid spill kits.  Every childcare vehicle, family childcare home vehicle and school extracurricular vehicle shall be equipped with a first-aid kit mounted in an area accessible to the operator which consists of bandages, sterile pads, adhesive tape, and Band-Aids, for use in the administration of first-aid treatment. In addition, every childcare vehicle, family childcare home vehicle and school extracurricular vehicle shall be equipped with a bodily fluid spill kit and every childcare vehicle and school extracurricular vehicle shall be equipped with an approved emergency airway kit.
          9. Each childcare center vehicle and school extracurricular vehicle shall also have an audible door alarm and an audible back up alarm.
          10. All persons operating a pupil transportation vehicle to convey children shall hold a Rhode Island chauffeur’s license and shall have passed a written test as may be prescribed by the department of motor vehicles. In addition, all such persons who operate a pupil transportation vehicle to convey children shall submit to a national and statewide criminal and driving record background check by the hiring agency.
          11. School extracurricular vehicles purchased after January 1, 2000, shall further comply with regulations which the division of motor vehicles is authorized to promulgate which require these vehicles to meet appropriate safety standards. The additional safety requirements of this subsection shall, effective January 1, 2008, also apply to school extracurricular vehicles in service prior to January 1, 2000, which are still in service after January 1, 2008.
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        >>>>>>> origin/main History of Section. P.L. 1989, ch. 188, § 1; P.L. 1999, ch. 424, § 1; P.L. 1999, ch. 514, § 1; P.L. 2004, ch. 6, § 16; P.L. 2007, ch. 185, § 2; P.L. 2007, ch. 207, § 2; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18; P.L. 2011, ch. 151, art. 10, § 4; P.L. 2013, ch. 280, § 1; P.L. 2013, ch. 345, § 1.

        Compiler’s Notes.

        P.L. 2013, ch. 280, § 1, and P.L. 2013, ch. 345, § 1 enacted identical amendments to this section.

        The definitions in § 42-72.1-2 that are referred to in this section were deleted from § 42-72.1-2 by P.L. 2019, ch. 88, art. 4, § 21. For comparable provisions, see § 42-12.5-1 et seq.

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        >>>>>>> origin/main 31-22-11.7. Unauthorized school bus entry.

        1. Any person over eighteen (18) years of age who enters a school bus as defined in § 31-1-3 without prior authorization of the driver or a school official, and who refuses to disembark after being ordered to do so by the driver, shall be guilty of a misdemeanor.
        2. A school district may place a notice at the entrance of the school bus that warns against the unauthorized entry or refusal to disembark prohibited by this section.
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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 123, § 1; P.L. 2004, ch. 6, § 16; P.L. 2005, ch. 410, § 15.

        Cross References.

        Penalty for misdemeanor, § 31-27-13 .

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        >>>>>>> origin/main 31-22-11.8. Unauthorized use of personal wireless communication devices on a school bus.

        1. The use of a personal wireless communications device by a school bus driver shall be prohibited, while the bus is transporting children, except in the case of an emergency.
        2. Any person who violates any of the provisions of subsection (a) of this section shall, upon conviction, be punished by a fine of one hundred dollars ($100).
        3. For a subsequent conviction under this section, a person shall be punished by a fine of one hundred fifty dollars ($150).
        4. For a third or subsequent conviction under this section a person shall be punished by a fine of two hundred dollars ($200).
        5. If any civil action is brought as a result of a violation of this section, the violation shall be evidence of negligence.
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        >>>>>>> origin/main History of Section. P.L. 2002, ch. 146, § 1; P.L. 2002, ch. 251, § 1; P.L. 2014, ch. 256, § 1; P.L. 2014, ch. 313, § 1; P.L. 2015, ch. 75, § 1; P.L. 2015, ch. 87, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 256, § 1, and P.L. 2014, ch. 313, § 1 enacted identical amendments to this section.

        P.L. 2015, ch. 75, § 1, and P.L. 2015, ch. 87, § 1 enacted identical amendments to this section.

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        >>>>>>> origin/main 31-22-11.9. Use of personal wireless communications devices by minors while operating motor vehicles is prohibited.

        1. The use of a personal wireless communication device by a minor, while the minor is operating a motor vehicle shall be prohibited, except in the case of an emergency. For purposes of this section, the term “minor” shall include any person less than eighteen (18) years of age.
        2. Any person who violates any of the provisions of subsection (a) of this section shall, upon conviction, be punished by a fine of one hundred dollars ($100).
        3. For a second conviction under this section, a person shall be punished by a fine of one hundred fifty dollars ($150).
        4. For a third or subsequent conviction, a person shall be punished by a fine of two hundred and fifty dollars ($250) and/or loss of license until the user reaches his/her eighteenth (18th) birthday.
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        >>>>>>> origin/main History of Section. P.L. 2006, ch. 186, § 1; P.L. 2006, ch. 322, § 1; P.L. 2014, ch. 155, § 1; P.L. 2014, ch. 167, § 1; P.L. 2014, ch. 256, § 1; P.L. 2014, ch. 313, § 1.

        Compiler’s Notes.

        This section was amended by four acts (P.L. 2014, ch. 155, § 1; P.L. 2014, ch. 167, § 1; P.L. 2014, ch. 256, § 1; P.L. 2014, ch. 313, § 1) as passed by the 2014 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

        P.L. 2014, ch. 155, § 1, and P.L. 2014, ch. 167, § 1 enacted identical amendments to this section.

        P.L. 2014, ch. 256, § 1, and P.L. 2014, ch. 313, § 1 enacted identical amendments to this section.

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        >>>>>>> origin/main 31-22-12. Supervision and inspection of vehicles transporting passengers for hire.

        1. The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all taxicabs, buses, jitneys, and other vehicles used for the transportation of passengers for hire, and shall cause an inspection of them to be made before registering the vehicles and from time to time thereafter as it shall deem necessary for the convenience, protection, and safety of passengers and the public.
        2. A fee of two dollars ($2.00) shall be paid to the division of motor vehicles for each inspection as required by this section.
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        History of Section. P.L. 1950, ch. 2595, art. 33, § 11; P.L. 1954, ch. 3275, § 1; G.L. 1956, § 31-22-12 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 33, § 11; P.L. 1954, ch. 3275, § 1; G.L. 1956, § 31-22-12 .

        >>>>>>> origin/main

        Comparative Legislation.

        Vehicles transporting passengers for hire:

        Conn. Gen. Stat. §§ 14-273 and 14-274.

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        >>>>>>> origin/main 31-22-13. Abandoned vehicles.

        The last registered owner, or person having custody and control as authorized by the owner, of any motor vehicle who abandons it as defined by § 31-42-1 on any public or private property other than his or her own, without the permission of the owner or lessee of the property in cases of private property, shall be liable for all costs and expenses incurred by the owner, lessee, or the state or any municipality in the removal of the vehicle from public or private property. Failure to pay the expenses within thirty (30) days of written notice shall be punished by a fine upon conviction, not in excess of two hundred dollars ($200). Upon conviction the administrator of the division of motor vehicles shall be notified and shall suspend the license and registration of the last registered owner of the abandoned vehicle until these expenses are paid.

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        >>>>>>> origin/main History of Section. P.L. 1965, ch. 23, § 1; P.L. 1999, ch. 445, § 1; P.L. 2004, ch. 401, § 2.

        Comparative Legislation.

        Abandoned vehicles:

        Mass. Ann. Laws ch. 90, §§ 22B and 22C.

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        >>>>>>> origin/main 31-22-14. Towing — Costs paid by owner.

        1. The owner, or person having custody and control as authorized by the owner, of any motor vehicle which is towed away from any public roadway because it is in violation of a state law or city or town ordinance, or which is towed from the scene of an accident or breakdown, or which is towed as the result of the lawful detention of an unlicensed operator, including those operating after denial, suspension, or revocation of license, shall be liable for the cost of towing, storage, and other incidental expenses in connection with the towing.
        2. The owner or operator of this section shall be responsible for the towing, storage and incidental expenses and for the towing or transportation fees to a demolisher or crusher and any crushing preparation fees associated with gas tanks, auto fluff, and battery acid and tire removal which exceed the salvage value of the vehicle.
        3. Any owner or operator who should fail to pay the costs and expenses set forth in this section within thirty (30) days of the receipt of written notice from the tow company, police department or demolisher shall be punished by a fine upon conviction not in excess of two hundred dollars ($200).
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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 161, § 1; P.L. 1999, ch. 445, § 1.

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        >>>>>>> origin/main 31-22-14.1. Towing — Accident scene.

        Every licensed wrecker who shall render towing services at the scene of an accident shall also have the responsibility to remove all glass and debris at the accident scene from the roadway at the time of rendering the services. A police officer shall remain on the scene of the accident until the licensed wrecker has cleared the roadway from auto debris in accordance with this section.

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        >>>>>>> origin/main History of Section. P.L. 1999, ch. 234, § 1.

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        >>>>>>> origin/main 31-22-15. Lien for towing and storage charges.

        Every licensed wrecker who shall render towing and storage services for the benefit of a motor vehicle owner shall have a lien on and may retain the possession of the motor vehicle until the charges for the towing and storage have been paid.

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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 161, § 1.

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        >>>>>>> origin/main 31-22-16. Sale to enforce lien.

        If the charges referred to in § 31-22-15 remain unpaid for a period of at least sixty (60) days from and after the towing, the wrecker may sell the motor vehicle at private or public sale and the proceeds, after first paying the expenses of the sale, shall be applied as follows:

        1. In payment of the wrecker’s lien;
        2. In satisfaction of any indebtedness secured by a financing statement filed with the secretary of state;
        3. In satisfaction of any indebtedness secured by any subordinate security interest if written satisfaction of demand for it is received before distribution of the proceeds is completed;
        4. After payment of any or all of the above sections, the proceeds if any, shall be paid to the registered owner, if known to the wrecker.
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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 161, § 1.

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        >>>>>>> origin/main 31-22-17. Notice of sale.

        Thirty (30) days before any sale pursuant to § 31-22-16 is held, notice in writing shall be given to the registered owner of the motor vehicle to be sold, if known to the wrecker, and to the holder of any security interest recorded with the secretary of state, of the amount owed for the storage and towing, and the time and place of sale. The notice shall be mailed, registered or certified mail, postage prepaid, to the address of the registered owner on file at the division of motor vehicles, or the last known address of the owner.

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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 161, § 1.

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        >>>>>>> origin/main 31-22-18. Newspaper advertisement of sale.

        Every licensed wrecker, after giving notice to the registered owner of the motor vehicle to be sold as prescribed in § 31-22-17 , shall advertise notice of the sale for two (2) consecutive days at least ten (10) days but not more than fourteen (14) days prior to the date of the sale, in a daily newspaper of general circulation, the following information:

        1. A general description of the motor vehicle to be sold, including its make, model, year, color, and motor or serial number;
        2. The name and address of the registered owner and the license plate number, if known, to the wrecker; and
        3. The place and date of the proposed sale.
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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 161, § 1.

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        >>>>>>> origin/main 31-22-19. House trailers.

        1. No person or persons shall occupy or otherwise be a passenger in a house trailer at any time while the house trailer is in transit or being moved in any manner upon the public highways of this state.
        2. Any person found guilty of violating any of the provisions of this section shall be fined fifteen dollars ($15.00) for each offense.
        3. For the purposes of this section, a “house trailer” is defined as a trailer or a semi-trailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, either temporary or permanent and which is equipped for or capable of use as a conveyance on streets and highways.
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        History of Section. G.L. 1956, § 31-22-19 ; P.L. 1969, ch. 172, § 1.

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        History of Section.

        G.L. 1956, § 31-22-19 ; P.L. 1969, ch. 172, § 1.

        >>>>>>> origin/main 31-22-20. Solicitation on roadways, permit required.

        No person shall distribute literature to, request donations from, or in any other manner perform acts of solicitation of any type directed at the operator or any passenger of any motor vehicle in a travel lane, including motor vehicles stopped at intersections or in obedience to any traffic control device, or on any public street or highways within the state, without first obtaining from the city or town council of the municipality involved a permit to conduct the solicitation. Solicitation without a permit, or in violation of the terms and conditions of a permit, shall be subject to the penalties provided for by the city’s or town’s applicable code or ordinance for violations.

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 16, § 1; P.L. 1995, ch. 290, § 1.

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        >>>>>>> origin/main 31-22-21. Repealed.

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        >>>>>>> origin/main History of Section. P.L. 1979, ch. 164, § 1; P.L. 1983, ch. 238, § 1; and P.L. 1984, ch. 121, §§ 1, 2; Repealed by P.L. 1999, ch. 382, § 1.

        Compiler’s Notes.

        Former § 31-22-21 concerned penalties for consumption of alcoholic beverages while operating a motor vehicle. For present similar provisions, see § 31-22-21 .1.

        This section was also amended by P.L. 1999, ch. 218, art. 6, § 10, but, since the section was repealed, the amendment was not set out.

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        >>>>>>> origin/main 31-22-21.1. Presence of alcoholic beverages while operating or riding in a motor vehicle.

        1. No person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of the vehicle.
        2. Any person found in violation of this section may be fined not more than two hundred dollars ($200) or have his or her driver’s license suspended for up to six (6) months, or both, for the first violation, and for each subsequent violation may be fined not more than five hundred dollars ($500) or have his or her driver’s license suspended for up to one year, or both.
        3. The operator of a rented limousine or bus shall not be subject to the provisions of this section provided neither the operator nor any passenger under the age of twenty-one (21) is in possession of any unsealed alcoholic beverage container.
        4. The original jurisdiction of this section shall be exclusively in the traffic tribunal.
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        >>>>>>> origin/main History of Section. P.L. 1999, ch. 382, § 2.

        Collateral References.

        Validity, construction, and application of open container laws. 97 A.L.R.6th 653.

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        >>>>>>> origin/main 31-22-22. Safety belt use — Child restraint.

          1. Any person transporting a child under the age of eight (8), less than fifty-seven inches (57") in height and less than eighty pounds (80 lbs.), in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under 49 C.F.R. § 571.213. All infants and toddlers under the age of two (2) years or weighing less than thirty pounds (30 lbs.) shall be restrained in a rear-facing car seat. All children two (2) years of age or older or who have outgrown their rear-facing car seat by height or weight should use a forward-facing car seat with a harness up to the maximum allowed by the child restraint manufacturer. If the child is under eight (8) years old but at least fifty-seven inches (57") in height, or at least eighty pounds (80 lbs.), the child shall be properly wearing a safety belt and/or shoulder harness approved by the Department of Transportation pursuant to 49 C.F.R. § 571.208 in any rear seating position of the motor vehicle. For the purpose of this section, applying to all parts of this section, “rear seating position” means any seating positions located behind the driver and front seat passenger. Under this subsection, a child must be properly restrained in the front seat if:
            1. The vehicle is not equipped with a back seat; or
            2. All rear seating positions are being utilized by other children.
          2. In no event shall failure to wear a child restraint system or safety belt be considered as contributory or comparative negligence, nor the failure to wear the child restraint system, seat belt and/or shoulder harness be admissible as evidence in the trial of any civil action.
          1. Any operator of a motor vehicle transporting a child, who has attained the age of eight (8) years but is under eighteen (18) years of age, in any seating position within a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by 49 C.F.R. § 571.208.
          2. Any operator of a motor vehicle under eighteen (18) years old shall properly wear a safety belt and/or shoulder harness system.
          3. This subsection applies only to those motor vehicles required by federal law to have safety belts.
          1. Any person deemed in violation of subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a federally approved child restraint system under 49 C.F.R. § 571.213 to the issuing police department within seven (7) days of issuance, the department shall void the violation. If the individual fails to present proof of purchase, he or she shall be required to appear for a hearing before the traffic tribunal, and shall be fined as provided in § 31-41.1-4 for each offense, and it shall not be recorded on the person’s driving record within the rules and regulations governing chapter 41.1 of this title.
          2. Any person violating subsection (b) of this section shall be fined as provided in § 31-41.1-4 for each offense. The conviction shall not be recorded on that person’s driving record within the rules and regulations governing chapter 41.1 of this title.
        4. Notwithstanding the provisions of subsection (a) of this section, any person transporting a child properly restrained in a federally approved child restraint system under 49 C.F.R. § 571.213, but transporting the child in a place other than a rear seating position, in violation of subsection (a) of this section, shall be subject only to the fine contained in subdivision (c)(2) of this section.
        5. All fines collected for violations of this section shall be payable to the state of Rhode Island. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations.
          1. Any operator of a motor vehicle transporting a person eighteen (18) years of age and older in any seating position of a motor vehicle operated on the roadways, streets, or highways of this state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by 49 C.F.R. § 571.208.
          2. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
          1. Any person who is an operator of a motor vehicle shall be properly wearing a safety belt and/or shoulder harness system as defined by 49 C.F.R. § 571.208 while the vehicle is in operation on any of the roadways, streets, or highways of this state.
          2. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
        8. In no event shall failure to be properly restrained by a child restraint system or safety belt be considered as negligence, nor the failure to be properly restrained by the child restraint system or safety belt be admissible as evidence in the trial of any civil action.
        9. The provisions of subsections (b), (f) and (g) of this section shall not apply to a driver or passenger of:
          1. A passenger motor vehicle manufactured before July 1, 1966;
          2. A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. The verification time period shall not exceed twelve (12) months at which time a new verification may be issued;
          3. A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or
          4. A passenger motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.
        10. A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall be developed by the department of transportation’s governor’s office on highway safety. The department of transportation’s office on highway safety, in cooperation with the department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1999.
        11. Any person violating subsection (f) or (g) of this section shall be fined as provided in § 31-41.1-4 . Any conviction for violating subsection (f) or (g) of this section shall not be recorded on that person’s driving record within the rules and regulations governing chapter 41.1 of this title.
        12. No motor vehicle shall be stopped, inspected or detained to determine compliance with subsection (f) or (g) of this section without reasonable suspicion that the operator or passenger(s) of the motor vehicle is in violation of this section.
        13. A law enforcement officer may not search a motor vehicle, its contents, the driver, or a passenger solely because of a violation of subsection (f) or (g) of this section.
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        >>>>>>> origin/main History of Section. P.L. 1980, ch. 61, § 1; P.L. 1981, ch. 18, § 1; P.L. 1987, ch. 331, § 1; P.L. 1991, ch. 303, § 1; P.L. 1992, ch. 322, § 1; P.L. 1996, ch. 143, § 1; P.L. 1997, ch. 99, § 1; P.L. 1998, ch. 36, § 1; P.L. 2000, ch. 109, § 67; P.L. 2001, ch. 132, § 1; P.L. 2002, ch. 58, § 3; P.L. 2002, ch. 121, § 1; P.L. 2004, ch. 6, § 4; P.L. 2004, ch. 346, § 1; P.L. 2008, ch. 100, art. 12, § 9; P.L. 2009, ch. 59, § 1; P.L. 2009, ch. 62, § 1; P.L. 2011, ch. 185, § 1; P.L. 2011, ch. 186, § 1; P.L. 2017, ch. 16, § 1; P.L. 2017, ch. 30, § 1.

        Compiler’s Notes.

        P.L. 2011, ch. 185, § 1, and P.L. 2011, ch. 186, § 1 enacted identical amendments to this section.

        P.L. 2017, ch. 16, § 1, and P.L. 2017, ch. 30, § 1 enacted identical amendments to this section.

        Sunset Provision.

        P.L. 2011, ch. 185, § 2, provides that the amendments to this section by that act take effect upon passage [June 30, 2011] and shall expire on June 30, 2013 unless specifically reauthorized by the general assembly.

        P.L. 2011, ch. 186, § 2, provides that the amendments to this section by that act take effect upon passage [June 30, 2011] and shall expire on June 30, 2013 unless specifically reauthorized by the general assembly.

        Repeal of Sunset Provision.

        P.L. 2013, ch. 141, § 1, and P.L. 2013, ch. 142, § 1 repealed the sunset of the 2011 amendments to this section.

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        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        =======

        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        >>>>>>> origin/main

        Collateral References.

        Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death. 46 A.L.R.5th 557.

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        >>>>>>> origin/main 31-22-22.1. Child passenger protection — Warnings of hazard and risk.

        1. All law enforcement officers in this state are authorized to provide a verbal warning to any person who shall be deemed to have left a child under the age of seven (7) unattended in a motor vehicle. The warning shall apprise the offending person of the dangers of this practice including, but not limited to, the risk of kidnapping and/or abduction, and the dangers which may result from the accumulation of excessive temperatures within the motor vehicle.
        2. No fine or sanction shall be imposed for a violation of this section, other than a verbal warning, and no record of any kind shall be maintained of the warning.
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        >>>>>>> origin/main History of Section. P.L. 1997, ch. 208, § 1.

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        >>>>>>> origin/main 31-22-23. Tow trucks — Identification required.

        1. Every motor vehicle used for the purpose of towing or assisting disabled motor vehicles shall display, in sharp color contrast to the background, and be of such size, shape, and color as to be readily legible during daylight hours, from a distance of fifty feet (50´) while the vehicle is not in motion; the name, address, and telephone number of the registered owner shall be displayed on both sides of the vehicle.
        2. Any person violating this section shall be fined as provided in § 31-41.1-4 .
        3. Any vehicle, except those vehicles exempt from regulation pursuant to the provisions of § 39-12-3 , which are used for the purpose of towing or assisting disabled motor vehicles, which does not have a towing certificate issued by the division of public utilities must have the words “Limited Towing” lettered upon the hood or fenders of the vehicle. The letters must be four inches (4") high in a color which contrasts with the vehicle color and must be on both sides of the hood or both sides of the front fender.
        4. Any person who shall violate this provision shall be fined not more than one hundred dollars ($100) upon conviction for a first offense, not more than two hundred and fifty dollars ($250) upon conviction for a second offense, and for each subsequent conviction may be fined not more than five hundred dollars ($500).
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        >>>>>>> origin/main History of Section. P.L. 1982, ch. 270, § 1; P.L. 1985, ch. 106, § 1; P.L. 1990, ch. 346, § 1; P.L. 2002, ch. 58, § 3; P.L. 2008, ch. 100, art. 12, § 9.

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        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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        >>>>>>> origin/main 31-22-24. Interior lights to be operated before dawn and after dusk during police stop.

        The operator of any vehicle upon a highway within this state, upon the stopping of the vehicle by any law enforcement or police officer, shall, at any time from a half-hour after sunset to a half-hour before sunrise, display and operate its interior lights until such time as the officer allows the vehicle to continue in its operation. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1983, ch. 261, § 1; P.L. 2002, ch. 292, § 119.

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        >>>>>>> origin/main 31-22-25. Approaching horses.

        Each operator of a vehicle approaching a horse on a public highway shall reduce speed, proceed with caution and stop if necessary to avoid endangering the equestrian, or frightening or striking the horse. An operator violating the provisions of this section shall be guilty of a civil violation and, upon conviction, shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for second or subsequent offenses.

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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 53, § 1; P.L. 1988, ch. 296, § 2; P.L. 1999, ch. 218, art. 6, § 10.

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        >>>>>>> origin/main 31-22-26. Noise in vicinity of horse.

        No operator of a vehicle in the vicinity of an equestrian and horse may blow a horn, or cause loud or unusual noises, in a manner to startle or frighten the horse. An operator violating the provisions of this section shall be guilty of a civil violation and upon conviction shall be fined not more than twenty-five dollars ($25.00) for the first offense nor more than fifty dollars ($50.00) for second or subsequent offenses.

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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 53, § 1; P.L. 1988, ch. 296, § 2; P.L. 1999, ch. 218, art. 6, § 10.

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        >>>>>>> origin/main 31-22-27. Severability.

        If any provision of this chapter, or the applicability of the provision to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

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        >>>>>>> origin/main History of Section. P.L. 1991, ch. 303, § 2.

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        >>>>>>> origin/main 31-22-28. Transporting animals.

        1. It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open air motor vehicle unless the animal or animals being transported:
          1. Is kept in an enclosed area of the motor vehicle;
          2. The animal or animals are under the physical control of a person other than the operator of the motor vehicle; or
          3. The animal or animals are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.
        2. Any person violating the provisions of this section shall be punished by a fine of not more than fifty dollars ($50.00) for a first offense, nor more than two hundred dollars ($200) for each subsequent offense.
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        >>>>>>> origin/main History of Section. P.L. 1992, ch. 194, § 1.

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        >>>>>>> origin/main 31-22-29. Inspection of fire apparatus vehicles.

        Any motor vehicle bearing fire apparatus plates shall be subject to a yearly inspection in accordance with the criteria listed in the national fire protection association (NFPA) standard 1915, 2000 edition.

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        >>>>>>> origin/main History of Section. P.L. 2003, ch. 309, § 1; P.L. 2003, ch. 327, § 1.

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        >>>>>>> origin/main 31-22-30. Text messaging while operating a motor vehicle.

        1. For purposes of this section, the following terms shall have the following meanings:
          1. “Driving” means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
          2. “Hands free” means the manner in which a wireless handset is operated for the purpose of composing, reading, or sending text messages by using an internal feature or function, or through an attachment or addition, including, but not limited to, an earpiece, headset, remote microphone, or short-range wireless connection, thereby allowing the user to operate said device without the use of hands, except to activate, deactivate, or initiate a feature or function thereof.
          3. “Inoperability” means a motor vehicle that is incapable of being operated or being operated in a safe and prudent manner due to mechanical failure, including, but not limited to, engine overheating or tire failure.
          4. “Motor vehicle” means any vehicle that is self-propelled by a motor, including, but not limited to: automobiles, trucks, vans, construction vehicles, etc.
          5. “Person” means any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association, or other entity or business organization of any kind.
          6. “Personal wireless communication device” means a hand-held device through which personal wireless services (commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services) are transmitted, but does not include a global navigation satellite receiver used for positioning, emergency notification, or navigation purposes.
          7. “Stopped” means not in motion.
          8. “Text message,” also referred to as short messaging service (SMS), means the process by which users send, read, or receive messages on a wireless handset, including text messages, instant messages, electronic messages, or e-mails, in order to communicate with any person or device.
          9. “Use” means to operate a wireless handset or a personal wireless communication device in a manner not consistent with hands-free operation.
          10. “Wireless handset” means a portable electronic or computing device, including cellular telephones and personal digital assistants (PDAs), capable of transmitting data in the form of a text message.
        2. No person shall use a wireless handset or personal wireless communication device to compose, read, or send text messages while driving a motor vehicle on any public street or public highway within the state of Rhode Island.
        3. Notwithstanding the provisions of subsection (b), this section shall not be construed to prohibit the use of any wireless handset or personal wireless communication device by:
          1. Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, and fire safety officials in the performance of duties arising out of, and in the course of, their employment as such;
          2. A person using a wireless handset to contact an individual listed in subsection (c)(1);
          3. A person using a wireless handset or personal wireless communication device inside a motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the inoperability of such motor vehicle; or
          4. A person activating, viewing, or deactivating a global positioning or navigation device or a global positioning or navigation application.
        4. Nothing in this section shall be construed to prohibit a person driving a motor vehicle from utilizing a hands-free wireless handset. <<<<<<< HEAD

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          >>>>>>> origin/main The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is prohibited.

        5. Any person who violates any of the provisions of this section shall, upon conviction, be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license suspension for up to six (6) months, or both. All violations arising out of this section shall be heard in the Rhode Island traffic tribunal.
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        >>>>>>> origin/main History of Section. P.L. 2009, ch. 213, § 1; P.L. 2009, ch. 214, § 1; P.L. 2013, ch. 291, § 1; P.L. 2013, ch. 393, § 1; P.L. 2014, ch. 155, § 1; P.L. 2014, ch. 167, § 1; P.L. 2014, ch. 256, § 1; P.L. 2014, ch. 313, § 1; P.L. 2015, ch. 75, § 1; P.L. 2015, ch. 87, § 1; P.L. 2017, ch. 460, § 1; P.L. 2017, ch. 462, § 1; P.L. 2019, ch. 34, § 1; P.L. 2019, ch. 35, § 1.

        Compiler’s Notes.

        P.L. 2013, ch. 291, § 1, and P.L. 2013, ch. 393, § 1 enacted identical amendments to this section.

        This section was amended by four acts (P.L. 2014, ch. 155, § 1; P.L. 2014, ch. 167, § 1; P.L. 2014, ch. 256, § 1; P.L. 2014, ch. 313, § 1) as passed by the 2014 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

        P.L. 2014, ch. 155, § 1, and P.L. 2014, ch. 167, § 1 enacted identical amendments to this section.

        P.L. 2014, ch. 256, § 1, and P.L. 2014, ch. 313, § 1 enacted identical amendments to this section.

        P.L. 2015, ch. 75, § 1, and P.L. 2015, ch. 87, § 1 enacted identical amendments to this section.

        P.L. 2017, ch. 460, § 1, and P.L. 2017, ch. 462, § 1 enacted identical amendments to this section.

        P.L. 2019, ch. 34, § 1, and P.L. 2019, ch. 35, § 1 enacted identical amendments to this section.

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        Applicability.

        P.L. 2013, ch. 291, § 2, provides that the amendment to this section by that act takes effect upon passage [July 15, 2013] and applies to violations occurring on or after July 1, 2013.

        P.L. 2013, ch. 393, § 2, provides that the amendment to this section by that act takes effect upon passage [July 15, 2013] and applies to violations occurring on or after July 1, 2013.

        =======

        Applicability.

        P.L. 2013, ch. 291, § 2, provides that the amendment to this section by that act takes effect upon passage [July 15, 2013] and applies to violations occurring on or after July 1, 2013.

        P.L. 2013, ch. 393, § 2, provides that the amendment to this section by that act takes effect upon passage [July 15, 2013] and applies to violations occurring on or after July 1, 2013.

        >>>>>>> origin/main

        Collateral References.

        Criminal and quasi-criminal liability arising from use of portable electronic device while driving. 5 A.L.R.7th Art. 3 (2015).

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        >>>>>>> origin/main 31-22-31. Mobile telephone usage by motor vehicle operators.

        1. For purposes of this section, the following terms shall have the following meanings:
          1. “Engage in a call” means talking into or listening on a hand-held personal wireless communication device, but does not include holding a hand-held personal wireless communication device to activate, deactivate, or initiate a function of such telephone.
          2. “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a personal wireless communication device, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.
          3. “Hands-free personal wireless communication device” means a hand-held personal wireless communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held personal wireless communication device, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.
          4. “Hand-held personal wireless communication device” means a personal wireless communication device with which a user engages in a call using at least one hand.
          5. “Immediate proximity” means the distance that permits the operator of a hand-held personal wireless communication device to hear telecommunications transmitted over such hand-held personal wireless communication device, but does not require physical contact with such operator’s ear.
          6. “Mobile telephone” means a personal wireless communication device, analog, wireless, or digital telephone capable of sending or receiving telephone communication without an access line for service.
          7. “Public utility” means a business that provides electricity, natural gas, water, and communications and other information services to residential and commercial customers.
          8. “Using” or “use” means holding a hand-held personal wireless communication device to, or in the immediate proximity of, the user’s ear.
          1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using a hand-held personal wireless communication device to engage in a call while such vehicle is in motion.
          2. An operator of a motor vehicle who holds a hand-held personal wireless communication device to, or in the immediate proximity of, the operator’s ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.
          3. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a hand-held personal wireless communication device, unless otherwise provided by law.
          4. Subsection (b)(1) of this section shall not apply to:
            1. The use of a hand-held personal wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company; a fire department; a police department; or a public utility; or
            2. Any of the following persons while in the performance of their official duties and within the scope of their employment: a peace officer, as defined in § 12-7-21 , a firefighter or an operator of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow truck, or bus without passengers; or employees or agents of a public utility; or
            3. The use of a hands-free personal wireless communication device.
        3. Any person who violates the provisions of subsection (b)(1) of this section shall be fined not more than one hundred dollars ($100) except that the fine shall be suspended for a first-time violator who provides proof of acquisition of a hands-free accessory subsequent to the violation, but prior to the imposition of a fine.
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        >>>>>>> origin/main History of Section. P.L. 2017, ch. 167, § 1; P.L. 2017, ch. 308, § 1.

        Compiler’s Notes.

        P.L. 2017, ch. 167, § 1, and P.L. 2017, ch. 308, § 1 enacted identical versions of this section.

        Effective Dates.

        P.L. 2017, ch. 167, § 2, provides that this section takes effect on June 1, 2018.

        P.L. 2017, ch. 308, § 2, provides that this section takes effect on June 1, 2018.

        Chapter 22.1 Pupil Transportation Vehicles

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        >>>>>>> origin/main 31-22.1-1. Pupil transportation vehicle — Definition.

        A pupil transportation vehicle is a motor vehicle designed and constructed to seat not more than eight (8) passengers including the operator, used by a school committee to provide the transportation services required by law or regulation to students being conveyed along a fixed school transportation route. In particular, such vehicles may be used to provide the transportation services required by § 16-21-1 , § 16-21.1-1 , et seq., and § 16-24-4 on routes in which only small numbers of students are being conveyed.

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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 185, § 1; P.L. 2007, ch. 207, § 1; P.L. 2011, ch. 151, art. 10, § 3.

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        >>>>>>> origin/main 31-22.1-2. Pupil transportation vehicle — Vehicle standards.

        Vans, sport utility vehicles, and heavy automobiles as defined by applicable federal regulations may be used as pupil transportation vehicles provided that these vehicles meet the highest federal crashworthiness standards for these categories of vehicles. Unless otherwise specifically provided for herein, the provisions of § 31-20-4 , et seq. (Special Stops Required) shall be applicable to pupil transportation vehicles. The provisions of § 31-23-42 (First aid kit and heating equipment), § 31-23-42.2 (Power equipment on school buses), § 31-23-54 (Fire extinguishers), and § 31-23-55 (Speedometer and odometer) shall be applicable to pupil transportation vehicles. A pupil transportation vehicle shall not be required to be painted school bus yellow provided it carries a sign in school bus yellow visible from forward and from in back of the vehicle containing the lettering required by § 31-20-11 .

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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 185, § 1; P.L. 2007, ch. 207, § 1; P.L. 2011, ch. 151, art. 10, § 3.

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        >>>>>>> origin/main 31-22.1-3. Equipment and operation of pupil transportation vehicles.

        No person shall operate any student transportation vehicle, and the owner or custodian of a student transportation vehicle shall not permit the same to be operated to convey students unless the following requirements are complied with:

        1. The operator of a pupil transportation vehicle shall not allow the number of school students riding in the pupil transportation vehicle at any one time to exceed the number of adequate seats therein nor shall the operator drive said bus until each student is seated.
        2. No person shall operate a pupil transportation vehicle referred to in this section, nor knowingly allow any passenger to ride in such vehicle unless the operator and all passengers are wearing a safety belt which is properly adjusted and fastened.
        3. All doors shall be kept closed while the pupil transportation vehicle is in motion. The vehicle shall have an audible open door warning alarm and an audible back up warning alarm.
        4. No fueling shall take place while any pupil transportation vehicle is occupied by passengers.
        5. Each pupil transportation vehicle shall be equipped with Type I Class A turn signal lamps, which shall have a four-way hazard warning signal switch to cause simultaneous flashing of the turn signal lamps which may be activated when a pupil transportation vehicle is approaching a stop to load or discharge school students and when needed as a vehicular traffic hazard warning. Each pupil transportation vehicle shall also be equipped with front and rear alternating flashing school bus red signal lamps, which shall remain flashing when school pupils are entering or leaving the pupil transportation vehicle. All aforementioned lamps shall comply with applicable Federal Motor Vehicle Safety Standards and any applicable rules and regulations promulgated by the department of motor vehicles. The operator of a pupil transportation vehicle shall cause its headlamps to be illuminated while such bus is in operation.
        6. Any person who operates such a pupil transportation vehicle shall not permit the boarding or discharging of school students therefrom unless the pupil transportation vehicle is stopped as close as is practicable to the right-hand side or edge of the ways and shall announce when discharging passengers there from that all persons who wish to cross to the other side of the way shall do so by passing in front of the pupil transportation vehicle immediately upon alighting therefrom. No person shall operate a pupil transportation vehicle away from the point of boarding until it is safe for all discharged passengers who wish to cross to the other side have done so. The monitor requirement of § 16-21-1 shall not apply to pupil transportation vehicles.
        7. Each pupil transportation vehicle shall be required to be equipped with one pair of adequate chock blocks and three (3) flares in compliance with United States Motor Vehicle D.O.T. Safety Standard No. 125, which shall be placed upon the roadway in conformance with section 14 B of chapter 85 when such vehicle becomes disabled upon the traveled portion of any way, and seat belts for each permanent seating accommodation designed and installed in compliance with applicable United States Motor Vehicle Safety Standards.
        8. All pupil transportation vehicles shall include an approved emergency airway and bodily fluid spill kits.
        9. All pupil transportation vehicles used to transport school students under the provisions of this section shall display sticker as authorized by the department of motor vehicles for a reasonable fee established by the department of motor vehicles.
        10. All persons operating a pupil transportation vehicle to convey students shall hold a Rhode Island chauffeurs license and shall have passed a written test as may be prescribed by the division of motor vehicles. In addition, all persons who operate a pupil transportation vehicle to convey students shall submit to a national and statewide criminal and driving record background check by the hiring agency.
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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 185, § 1; P.L. 2007, ch. 207, § 1; P.L. 2011, ch. 151, art. 10, § 3.

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        >>>>>>> origin/main 31-22.1-4. Operation of pupil transportation vehicles.

        No pupil transportation vehicle shall be operated, under the provisions of this chapter, for purposes of transporting students prior to September 1, 2007.

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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 185, § 1; P.L. 2007, ch. 207, § 1.

        Chapter 23 Equipment and Accessories Generally

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        >>>>>>> origin/main 31-23-1. Driving of unsafe vehicle — Disobedience of requirements — Inspections of motor carriers — Fines.

        1. It is a civil violation for any person to drive or move, or for the owner, employer or employee to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such an unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this chapter or chapter 24 of this title, or for any person to do any act forbidden or fail to perform any act required under these chapters.
          1. For the purpose of reducing the number and severity of accidents, all commercial motor vehicles must meet applicable standards set forth in this chapter and chapter 24 of this title and in the federal motor carrier safety regulations (FMCSR) contained in 49 CFR Parts 387 and 390-399, and the Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and G only), 171-173, 177, 178 and 180, as amended except as may be determined by the administrator to be inapplicable to a state enforcement program, as amended and adopted by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration, as may be amended from time to time. Part 391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastate drivers of commercial motor vehicles except for drivers of school buses and vehicles placarded under 49 CFR Part 172, Subpart F. Rules and Regulations shall be promulgated by the director of the department of revenue for the administration and enforcement of motor carrier safety. The rules and regulations shall be promulgated to ensure uniformity in motor carrier safety enforcement activities and to increase the likelihood that safety defects, driver deficiencies, and unsafe carrier practices will be detected and corrected.
          2. Any carrier convicted of violating the rules and regulations established pursuant to this subsection shall be fined as provided in § 31-41.1-4 for each offense.
        3. For the purposes of this section, “carrier” is defined as any company or person who furthers their commercial or private enterprise by use of a vehicle that has a gross vehicle weight rating (GVWR) of ten thousand and one (10,001) or more pounds, or that transports hazardous material.
        4. Authorized examiners, investigators, officers, or regulatory inspectors from the department of revenue with proper identification issued by the director of the department of revenue, the state police, and local law enforcement officials with proper identification certifying they are qualified motor carrier enforcement personnel trained according to subsection (f) of this section, shall have a right of entry and authority to examine all equipment of motor carriers and lessors and enter upon and perform inspections of motor carrier vehicles in operation. They shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence and other documents of the motor carriers and or lessors and the documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier which relate to the enforcement of this chapter.
          1. Authorized examiners, investigators, officers, or regulatory inspectors from the state police, local law enforcement officials or the department of revenue shall declare “out of service” any motor vehicle which, by reason of its mechanical condition or loading, is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. An “out of service vehicle” sticker shall be used to mark vehicles out of service. The “out of service vehicle” sticker shall be affixed to the driver’s window on power units placed out of service and, affixed to the left front corner of trailers or semi-trailers placed out of service.
          2. No person shall remove the “out of service vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service” notice.
          3. Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can be safely effected.
          4. Operation in an unsafe condition will be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.
          5. A motor carrier shall not require or permit a person to operate a motor vehicle declared out of service until all the repairs required by the out of service notice are satisfactorily completed.
          6. Any person convicted of unauthorized removal or causing to be removed an “out of service vehicle” sticker shall be fined as provided in § 31-41.1-4 .
          7. Any person convicted of operating or causing to operate an “out of service vehicle” on a public highway shall be fined as provided in § 31-41.1-4 .
        6. In order to enforce the provisions of this section, authorized examiners, investigators, officers, or regulatory inspectors must satisfactorily complete a course of instruction as prescribed by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in the federal motor carrier safety regulations (FMCSR) safety inspection procedures, and out of service criteria with at least annual in-service training covering the prescribed instruction.
        7. Violations of the provisions of this section shall be recorded in the commercial vehicle inspection report approved by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in addition to the appropriate Rhode Island state uniform summons.
        8. Any fine imposed as a result of a violation of this section shall not be subject to any additional assessments imposed pursuant to any other laws of the state of Rhode Island.

        History of Section. P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-1 ; P.L. 1985, ch. 503, § 1; P.L. 1986, ch. 282, § 1; P.L. 1989, ch. 83, § 1; P.L. 1991, ch. 298, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2002, ch. 58, § 4; P.L. 2005, ch. 77, § 5; P.L. 2005, ch. 82, § 5; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 100, art. 12, § 10; P.L. 2008, ch. 145, § 19.

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        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-1 ; P.L. 1985, ch. 503, § 1; P.L. 1986, ch. 282, § 1; P.L. 1989, ch. 83, § 1; P.L. 1991, ch. 298, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2002, ch. 58, § 4; P.L. 2005, ch. 77, § 5; P.L. 2005, ch. 82, § 5; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 100, art. 12, § 10; P.L. 2008, ch. 145, § 19.

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        Cross References.

        Penalty for misdemeanors, § 31-27-13 .

        Comparative Legislation.

        Equipment:

        Conn. Gen. Stat. § 14-80 et seq.

        Mass. Ann. Laws ch. 90, §§ 7 and 9A.

        Collateral References.

        Criminal responsibility for injury or death in operation of mechanically defective motor vehicle. 88 A.L.R.2d 1165.

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        >>>>>>> origin/main 31-23-2. Additional parts and accessories.

        1. Nothing contained in this chapter or chapter 24 of this title shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of these chapters.
        2. No person shall install or adjust any equipment, part, or accessory on a motor vehicle that is intended for use on any highway, which would result in the motor vehicle or its operation being inconsistent with the provisions of this chapter or chapter 24 of this title and could result in the issuance of a notice pursuant to § 31-38-2 . The penalty for the first violation of the provisions of the subsection shall be a fine of two hundred fifty dollars ($250), for the second violation a fine of five hundred dollars ($500), and for the third and subsequent violations a fine of one thousand dollars ($1,000).
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-2 ; P.L. 2008, ch. 249, § 1; P.L. 2008, ch. 311, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-2 ; P.L. 2008, ch. 249, § 1; P.L. 2008, ch. 311, § 1.

        >>>>>>> origin/main 31-23-3. Farm and road machinery exempt.

        The provisions of this chapter and chapter 24 of this title with respect to equipment on vehicles shall not apply to farm vehicles, road machinery, road rollers, or farm tractors except as made applicable in these chapters.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-23-3 .

        >>>>>>> origin/main

        Cross References.

        Lighting of farm tractors, § 31-24-21 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-4. Brake equipment required.

        1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
        2. Every motorcycle, and motor-driven cycle, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot, and which is adequate to control and stop the vehicle.
        3. Every trailer or semi-trailer of a gross weight of four thousand pounds (4,000 lbs.) or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle, and so designed as to be applied by the driver of the towing motor vehicle from the driver’s normal operating position, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.
        4. Every new motor vehicle, trailer or semi-trailer sold in this state and operated upon the highways shall be equipped with service brakes upon all wheels of the vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer of less than four thousand pounds (4,000 lbs.) gross weight need not be equipped with brakes.
        5. In any combination of motor-drawn vehicles, means shall be provided for applying:
          1. The rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or
          2. Braking effort first on the rearmost trailer equipped with brakes; or
          3. Both of the above means capable of being used alternatively may be employed.
        6. Every motor vehicle, trailer, semi-trailer, and pole trailer, and any combination of those vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated under all conditions of loading on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the requirements in this subsection by the driver’s muscular effort, by spring action, or by equivalent means. The operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the requirements in this subsection. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness, despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
        7. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
        8. It shall be unlawful to sell, offer for sale, or distribute brake linings for use on motor vehicles, unless they are of a type and meet specifications promulgated by the administrator of the division of motor vehicles. The administrator of the division of motor vehicles is authorized and empowered to adopt and amend regulations governing types and promulgate specifications of brake linings which comply with approved standards, as promulgated by the vehicle equipment safety commission, and shall establish and maintain an approved list of brake linings meeting the specifications as established in this chapter. Any person who violates the provisions of this section shall be guilty of a civil violation and is subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 30; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-4 ; P.L. 1965, ch. 103, § 1; P.L. 1967, ch. 36, § 1; P.L. 1972, ch. 26, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2000, ch. 109, § 68; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 30; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-4 ; P.L. 1965, ch. 103, § 1; P.L. 1967, ch. 36, § 1; P.L. 1972, ch. 26, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2000, ch. 109, § 68; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        Cross References.

        Brakes required on bicycles, § 31-19-14 .

        Vehicle equipment safety commission, § 31-23.1-1 , Article III.

        NOTES TO DECISIONS

        Evidence.

        Where there was evidence, although disputed, that, following a collision, the defendant stated in the hearing of a police officer and the driver of the other vehicle that, when the collision became imminent, he applied his brakes and found he had none and that the officer, after the collision, tested the defendant’s brakes and found them not working, the evidence is sufficient to convict the defendant of violation of subsection (a). State v. Mantia, 101 R.I. 367 , 223 A.2d 843, 1966 R.I. LEXIS 400 (1966).

        Negligence.

        A violation of this section would not constitute negligence per se and, accordingly, plaintiff’s motion for summary judgment was denied. Gillespie v. Lawton, 234 F. Supp. 821, 1964 U.S. Dist. LEXIS 7318 (D. Conn. 1964).

        Collateral References.

        Brakes, defect in, as affecting liability for injury. 14 A.L.R. 1339; 63 A.L.R. 398; 170 A.L.R. 611.

        Criminal responsibility for injury or death in operation of mechanically defective motor vehicle. 88 A.L.R.2d 1165.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-5. Performance ability of brakes.

        Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times, and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:

        Feet to stop Deceleration from 20 miles in feet per per hour second per second Vehicles or combination of vehicles having brakes on all wheels 30 14 Vehicles or combinations of vehicles not having brakes on all wheels 40 10.7

        Click to view

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, ch. 34, § 30; G.L. 1956, § 31-23-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, ch. 34, § 30; G.L. 1956, § 31-23-5 .

        >>>>>>> origin/main 31-23-6. Maintenance of brakes.

        All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. The brake fluid in hydraulic brakes shall conform to minimum S.A.E. (Society of Automotive Engineers) standards.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 30; G.L. 1956, § 31-23-6 ; P.L. 1960, ch. 101, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 30; G.L. 1956, § 31-23-6 ; P.L. 1960, ch. 101, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Violation as Negligence.

        A violation of this section would not constitute negligence per se and, accordingly, plaintiff’s motion for summary judgment was denied. Gillespie v. Lawton, 234 F. Supp. 821, 1964 U.S. Dist. LEXIS 7318 (D. Conn. 1964).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-7. Brakes on motor-driven cycles.

        1. The administrator of the division of motor vehicles is authorized to require an inspection of the brake on any motor-driven cycle and to disapprove any brake which he or she finds will not comply with the performance ability standard set forth in § 31-23-5 , or which in his or her opinion is not designed or constructed as to insure reasonable and reliable performance in actual use.
        2. The administrator of the division of motor vehicles may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when he or she determines that the brake on it does not comply with the provisions of this section.
        3. No person shall operate on any highway any vehicle referred to in this section in the event the administrator of the division of motor vehicles has disapproved the brake equipment upon the vehicle or type of vehicle.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 31; G.L. 1956, § 31-23-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 31; G.L. 1956, § 31-23-7 .

        >>>>>>> origin/main

        Collateral References.

        Criminal responsibility for injury or death in operation of mechanically defective motor vehicle. 88 A.L.R.2d 1165.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-8. Horn required.

        Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet (200´). However, no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his or her horn but shall not otherwise use the horn when upon a highway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art 34, § 32; G.L. 1956, § 31-23-8 ; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art 34, § 32; G.L. 1956, § 31-23-8 ; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-9. Theft alarm signals.

        It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-9 ; P.L. 1972, ch. 25, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-9 ; P.L. 1972, ch. 25, § 1.

        >>>>>>> origin/main 31-23-10. Sirens, bells, and whistles prohibited.

        No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as permitted in §§ 31-23-9 , 31-23-11 and 31-23-12 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-10 ; P.L. 1972, ch. 25, § 1; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-10 ; P.L. 1972, ch. 25, § 1; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        Cross References.

        Equipment on bicycle, § 31-19-10 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-11. Warning devices on emergency vehicles.

        Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet (500´) and of a type approved by the registry. The siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events, the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-11 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 32; G.L. 1956, § 31-23-11 .

        >>>>>>> origin/main 31-23-11.1. Warning lights on private vehicles.

        1. A joint committee for volunteer permits, three (3) of whom shall be appointed by the president of the Rhode Island Association of Fire Chiefs and two (2) of whom shall be appointed by the president of the Rhode Island Association of Police Chiefs, shall take responsibility for the following actions regarding warning lights on privately owned vehicles:
          1. Develop procedures for the design, issuance, transfer and revocation of permit stickers;
          2. Develop rules and regulations for the use of warning lights;
          3. Develop minimum training standards for drivers;
          4. Develop procedures to govern the board’s activities.
        2. The fire chief or commander of a municipal or non-profit fire, rescue, or ambulance department shall take responsibility for the following actions regarding warning lights on privately owned vehicles:
          1. Make application for permits to joint committee on volunteer permits;
          2. Maintain a listing of vehicle registrations and vehicle identification numbers for which warning lights are issued;
          3. Ensure that permits are removed from vehicles upon transfer of ownership;
          4. Post in a conspicuous place at all times, standard operating guidelines for the proper use of warning lights.
        3. The chief or commander of any fire, rescue, or ambulance department shall limit the use of warning lights to chief officers, deputy chiefs, assistant chiefs, captains, or other members deemed necessary and appropriate by written justification to the joint committee on volunteer permits.
        4. The fire, rescue, or ambulance department must own any warning lights issued by the fire chief or commander of the department.
        5. Each authorized volunteer member of a fire, rescue, or ambulance department must affix a permit sticker on any vehicle utilizing warning lights in accordance with rules and regulations developed by the joint committee on volunteer permits. Authorized members shall only utilize these warning lights within their department jurisdiction as the members respond to an emergency or to provide protection while parked at the scene of an emergency.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1985, ch. 209, § 1; P.L. 1989, ch. 375, § 1; P.L. 1999, ch. 447, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-12. Salvation Army vehicle.

        The motor vehicle equipment (station wagon) of the Salvation Army, with headquarters located in Providence, Rhode Island, is declared to be an authorized emergency vehicle and may be equipped with a siren, whistle, or bell as provided in § 31-23-11 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 32; P.L. 1953, ch. 3067, § 1; G.L. 1956, § 31-23-12 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 32; P.L. 1953, ch. 3067, § 1; G.L. 1956, § 31-23-12 .

        >>>>>>> origin/main 31-23-13. Muffler.

        Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway. Any exhaust system shall be deemed defective if any changes, modifications, alterations, deletions, or adjustments have been made which would cause the exhaust system to generate a higher or louder sound level than would be generated by the exhaust system customarily installed by the manufacturer as original equipment. The defective exhaust system shall be replaced or repaired to restore the exhaust system to the performance specifications of the original equipment. Failure to replace or restore the exhaust system as required in this section within five (5) days shall be deemed a civil violation and violators are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 33; G.L. 1956, § 31-23-13 ; P.L. 1967, ch. 97, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 33; G.L. 1956, § 31-23-13 ; P.L. 1967, ch. 97, § 1; P.L. 1999, ch. 218, art. 6, § 11; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violation of this section, § 31-41.1-4 .

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Impounding Vehicle.

        Though a muffler cutout in an exhaust system rendered it defective and unlawful under this section, the police officer exceeded his authority by impounding the car in absence of evidence that a cutout constituted an unsafe condition and that the officer was acting with knowledge that the plaintiff had received five-day notice previously and had failed to comply with it. Cavanaugh v. Palange, 111 R.I. 680 , 306 A.2d 182, 1973 R.I. LEXIS 1261 (1973).

        =======
        Impounding Vehicle.

        Though a muffler cutout in an exhaust system rendered it defective and unlawful under this section, the police officer exceeded his authority by impounding the car in absence of evidence that a cutout constituted an unsafe condition and that the officer was acting with knowledge that the plaintiff had received five-day notice previously and had failed to comply with it. Cavanaugh v. Palange, 111 R.I. 680 , 306 A.2d 182, 1973 R.I. LEXIS 1261 (1973).

        >>>>>>> origin/main

        Collateral References.

        Products liability: motor vehicle exhaust systems. 72 A.L.R.4th 62.

        Public regulation requiring mufflers or similar noise-preventing devices on motor vehicles. 49 A.L.R.2d 1202.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-13.1. Altering height of or operating a motor vehicle with an altered height prohibited.

        No person shall alter the height of or operate a motor vehicle with an altered height that has an original manufacturer’s gross vehicle weight rating of up to and including ten thousand pounds (10,000 lbs.), by elevating or lowering the chassis or body by more than four inches (4") from the original manufacturers’ specified height by use of so called “shackle lift kits” for leaf springs or by use of lift kits for coil springs, tires, or any other means or device. The administrator of the division of motor vehicles shall establish rules and regulations for motor vehicle heights including exceptions for vehicles used for farming or forestry. No motor vehicle that has been so altered, modified, or changed beyond the provisions of this section or the rules and regulations established by the administrator of the division of motor vehicles, shall be operated on any highway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1975, ch. 72, § 1; P.L. 1986, ch. 541, § 1; P.L. 2002, ch. 292, § 120.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-14. Prevention of excessive fumes or smoke.

        The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 33; G.L. 1956, § 31-23-14 ; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 33; G.L. 1956, § 31-23-14 ; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-14.1. Fire extinguishers.

        Every truck operated, owned, or leased by the state of Rhode Island or a political subdivision of the state shall be equipped with a fire extinguisher. The fire extinguisher shall contain a potassium bicarbonate base dry chemical fire extinguishing agent having an underwriter’s laboratory rating of six (6) B:C, and a capacity of not less than two and one-half pounds (21/2 lbs.).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1968, ch. 65, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-15. Rear-view mirror.

        1. Every motor vehicle which is so constructed or loaded as to obstruct the driver’s view to the rear of it from the driver’s position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet (200´) to the rear of the vehicle.
        2. Every motor vehicle, the primary function of which is the carrying of passengers, shall be equipped with a rear-view mirror on the left front door or fender, so located as to reflect a view of the highway for at least two hundred feet (200´) to the rear of the vehicle.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 34; G.L. 1956, § 31-23-15 ; P.L. 1967, ch. 87, § 1; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 34; G.L. 1956, § 31-23-15 ; P.L. 1967, ch. 87, § 1; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        Collateral References.

        Operation of regulations requiring motor vehicles to be equipped with adequate mirrors. 27 A.L.R.2d 1040.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-16. Windshield and window stickers — Obstructions to clear view — Snow and ice on vehicle.

        1. No person shall drive any motor vehicle with any sign, poster, or other nontransparent material, or dirt, snow, or ice upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver’s clear view of the highway or any intersecting highway; provided, that the administrator of the division of motor vehicles may permit the placing of special stickers upon the windshield or any of the windows of a motor vehicle in the manner specified by the administrator of the division of motor vehicles.
        2. No person shall drive any motor vehicle with any significant amounts of snow or ice upon the vehicle. The term “significant” is construed as any amount of accumulation which might reasonably be expected, when blowing off the vehicle while driving, to obscure the vision of an operator of another vehicle. However, the natural accumulation of snow while driving during adverse weather conditions shall not constitute a violation of this section. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 35; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-16 ; P.L. 1983, ch. 255, § 1; P.L. 1984, ch. 415, § 1; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 35; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-16 ; P.L. 1983, ch. 255, § 1; P.L. 1984, ch. 415, § 1; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        Collateral References.

        Windshield, impairment of driver’s view through, as affecting liability for automobile accident. 10 A.L.R. 299; 42 A.L.R.2d 336; 32 A.L.R.4th 933.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23-17. Windshield wipers.

        1. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
        2. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 35; G.L. 1956, § 31-23-17 ; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 35; G.L. 1956, § 31-23-17 ; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-18. Solid rubber tires.

        Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-18 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-18 .

        >>>>>>> origin/main 31-23-19. Metal tires prohibited.

        No person shall operate or move on any highway any motor vehicle, trailer, or semi-trailer having any metal tire in contact with the roadway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-19 ; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-19 ; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-20. Protuberances on tires.

        No tires on a vehicle moved on a highway shall have on its periphery any block, flange, cleat, or pointed spike or other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire except that:

        1. It shall be permissible to use tires with flat-headed studs projecting one-sixteenth inch (1/16") or less beyond the tread of the traction surface from the fifteenth day of November to the first day of April;
        2. It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and
        3. It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-20 ; P.L. 1965, ch. 203, § 1; P.L. 1970, ch. 321, § 1; P.L. 1976, ch. 7, § 1; P.L. 1980, ch. 200, § 1; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 36; G.L. 1956, § 31-23-20 ; P.L. 1965, ch. 203, § 1; P.L. 1970, ch. 321, § 1; P.L. 1976, ch. 7, § 1; P.L. 1980, ch. 200, § 1; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-21. Permits for operation of vehicles having tracks with transverse corrugations.

        The department of revenue and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 36; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-21 ; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 145, § 19.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 36; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-21 ; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 145, § 19.

        >>>>>>> origin/main 31-23-22. Safety glass in new vehicles.

        1. No person shall sell any new motor vehicle as specified in this section, nor shall any new motor vehicle as specified in this section be registered, unless the vehicle is equipped with safety glass of a type approved by the administrator of the division of motor vehicles wherever glass is used in doors, windows, and windshields.
        2. The provisions of this section shall apply to all passenger type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glass shall apply to all glass used in doors, windows, and windshields in the drivers’ compartments of those vehicles.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-22 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-22 .

        >>>>>>> origin/main

        Collateral References.

        Defective vehicular windows. 3 A.L.R.4th 489.

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        >>>>>>> origin/main 31-23-23. Replacement with safety glass.

        No person shall replace any glass on any motor vehicle at a place where safety glass is required unless the replacement is made with safety glass approved by the administrator of the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-23 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-23 .

        >>>>>>> origin/main 31-23-24. “Safety glass” defined.

        “Safety glass” means any product composed of glass manufactured, fabricated, or treated as substantially to prevent shattering and flying of the glass when struck or broken, or any other or similar product that may be approved by the administrator of the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-24 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-24 .

        >>>>>>> origin/main 31-23-25. List of approved types of glass — Enforcement of requirements.

        The administrator of the division of motor vehicles shall compile and publish a list of types of glass by name approved by him or her as meeting the requirements of §§ 31-23-22 — 31-23-24 . The administrator of the division of motor vehicles shall not register any motor vehicle which is subject to the provisions of this chapter unless it is equipped with an approved type of safety glass, and he or she shall subsequently suspend the registration of any motor vehicle subject to this chapter which he or she finds is not so equipped until it is made to conform to the requirements of this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-25 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 37; G.L. 1956, § 31-23-25 .

        >>>>>>> origin/main 31-23-26. Fenders and wheel flaps required.

        No person shall operate any motor vehicle on any public highway of this state unless the vehicle is equipped with fenders covering the front wheels of the motor vehicle, or operate any passenger motor vehicle on any public highway equipped with tires which extend beyond the fenders or body of the vehicle unless it is also equipped with flaps or suitable guards to reduce spray or splash to the rear and sides. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        History of Section. P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-26 ; P.L. 1973, ch. 265, § 1; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-26 ; P.L. 1973, ch. 265, § 1; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        Defendant’s demurrer based on the contention that this section had no reasonable relationship to public health, safety, and welfare and that the only function of the front fender of a motorcycle was to shield the operator from splashing water, was properly overruled where he offered no evidence that such was the case. State v. Raposa, 108 R.I. 185 , 273 A.2d 673, 1971 R.I. LEXIS 1245 (1971).

        This section did not constitute an invalid exercise of the police power in that the requiring of a front fender for a motorcycle had no reasonable relationship to the public health, safety and welfare where no evidence as to function of front fender was given. State v. Raposa, 108 R.I. 185 , 273 A.2d 673, 1971 R.I. LEXIS 1245 (1971).

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        >>>>>>> origin/main 31-23-27. Rear wheel flaps on buses, trucks, and trailers.

        No person shall operate or cause to be operated any bus, truck, full trailer or semi-trailer, of registered gross weight exceeding three (3) tons, on any public highway in this state unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels. In case the rear wheels are not covered at the top and rear by fender, body, or other parts of the vehicle, the rear wheels shall be covered at the top and rear by protective means of a standard type or design and so installed as to reduce, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles, except in cases in which the motor vehicle is so designed and constructed that the requirements of this section are accomplished by reason of the fender or body construction or other means of enclosure. However, §§ 31-23-26 — 31-23-28 shall not apply to vehicles where their construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        History of Section. P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-27 ; P.L. 2002, ch. 292, § 120.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-27 ; P.L. 2002, ch. 292, § 120.

        >>>>>>> origin/main 31-23-28. Failure to have fenders or wheel flaps.

        Any person who violates any provision of §§ 31-23-26 and 31-23-27 shall be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days, or both fine and imprisonment.

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        History of Section. P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-28 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 41; P.L. 1955, ch. 3539, § 1; G.L. 1956, § 31-23-28 .

        >>>>>>> origin/main 31-23-29. Flares and warning devices.

        1. No person shall operate any truck, truck/tractor or passenger bus upon any highway unless there shall be carried flares and/or warning devices for stopped and/or disabled vehicles.
        2. These flares and/or warning devices shall conform and be displayed according to regulations set forth in 49 CFR Parts 390-399, as amended.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 361, § 2; P.L. 2002, ch. 292, § 120.

        Repealed Sections.

        Former § 31-23-29 , (P.L. 1950, ch. 2595, art. 34, § 38; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-23-29 ; P.L. 1984, ch. 295, § 2), concerning the same subject matter, was repealed by P.L. 1988, ch. 361, § 1, effective June 9, 1988.

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        >>>>>>> origin/main 31-23-30 — 31-23-36. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, §§ 38, 39; P.L. 1952, ch. 2937, § 14; G.L. 1956, §§ 31-23-30 — 31-23-36; Repealed by P.L. 1988, ch. 361, § 1, effective June 19, 1988.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, §§ 38, 39; P.L. 1952, ch. 2937, § 14; G.L. 1956, §§ 31-23-30 — 31-23-36; Repealed by P.L. 1988, ch. 361, § 1, effective June 19, 1988.

        >>>>>>> origin/main

        Compiler’s Notes.

        Former §§ 31-23-30 — 31-23-36 concerned electric lanterns carried by vehicles used for flammable liquids or gases, reflectors in lieu of warning devices, and the display of flares, fuses, lanterns and flags.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23-37. Transporting hazardous substances.

        1. For the purpose of this section, “explosives and other hazardous materials” is defined as those materials and substances described and classified as such by the hazardous materials regulations of the U.S. Department of Transportation (parts of the Code of Federal Regulations as prescribed under Title 18 U.S.C. §§ 831, 836, as amended).
        2. No person, corporation, or other agency shall ship in its own vehicle or tender to any carrier any shipment of explosives or other hazardous materials unless the shipments are made in full compliance with the regulations cited in subsection (a) of this section.
        3. No person, corporation, or other agency shall operate upon any highway in this state a vehicle carrying explosives or other hazardous materials unless the vehicle is in compliance in all respects with the regulations applicable to the transportation of such materials or substances cited in subsection (a) of this section.
          1. Any person, corporation, or other agency convicted of violating this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for one year, for the first offense, and shall be fined not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or imprisoned for one year for each subsequent offense.
          2. If death or injury results from any violation of this section, the fine shall be not more than ten thousand dollars ($10,000) and the period of imprisonment not more than ten (10) years.
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        History of Section. P.L. 1950, ch. 2595, art. 34, § 40; G.L. 1956, § 31-23-37 ; P.L. 1962, ch. 205, § 1; P.L. 1963, ch. 10, § 1; P.L. 1968, ch. 75, § 1; P.L. 1972, ch. 177, § 1; P.L. 1993, ch. 101, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 40; G.L. 1956, § 31-23-37 ; P.L. 1962, ch. 205, § 1; P.L. 1963, ch. 10, § 1; P.L. 1968, ch. 75, § 1; P.L. 1972, ch. 177, § 1; P.L. 1993, ch. 101, § 1.

        >>>>>>> origin/main 31-23-38. Television receivers prohibited.

        1. No television viewer, screen, or other means of visually receiving a television broadcast shall be located in the field of view of the operator of the motor vehicle. Any person who drives or causes to be driven any motor vehicle in violation of the provisions of this section shall be punished by a fine of not more than one hundred dollars ($100).
        2. This section does not prohibit the use of an electronic display used exclusively for safety or in conjunction with a vehicle navigation system.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2611, §§ 1, 2; G.L. 1956, § 31-23-38 ; P.L. 1999, ch. 293, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2611, §§ 1, 2; G.L. 1956, § 31-23-38 ; P.L. 1999, ch. 293, § 1.

        >>>>>>> origin/main 31-23-39. Safety seat belts in new vehicles.

        It is unlawful for any person to buy, sell, lease, trade, or transfer from or to Rhode Island residents at retail an automobile, which is manufactured or assembled commencing with the 1964 models, unless the vehicle is equipped with safety belts installed for use in the left front and right front seat.

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        >>>>>>> origin/main History of Section. P.L. 1962, ch. 98, § 1.

        Collateral References.

        Automobile occupant’s failure to use seat belts as contributory negligence. 92 A.L.R.3d 9.

        Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt. 49 A.L.R.3d 295.

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        >>>>>>> origin/main 31-23-40. Approved types of seat belts — Enforcement of requirements.

        All safety belts must be of a type and must be installed in a manner approved by the division of motor vehicles. The division of motor vehicles shall establish specifications and requirements for approved types of safety belts and attachments to them. The division of motor vehicles will accept, as approved, all seat belt installations and the belt and anchor meeting the Society of Automotive Engineers’ specifications. No new passenger motor vehicle shall be registered unless it is equipped with an approved type of safety seat belt. The administrator of the division of motor vehicles shall suspend the registration of any motor vehicle not so equipped until it is made to conform to the requirements of this section. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        >>>>>>> origin/main History of Section. P.L. 1962, ch. 98, § 1; P.L. 2002, ch. 292, § 120.

        Collateral References.

        Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system. 48 A.L.R.5th 1.

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        >>>>>>> origin/main 31-23-41. Safety belts in public service vehicles.

        Every jitney, bus, private bus, school bus, and trackless trolley coach, when operated upon a highway, shall be equipped with a driver’s seat safety belt device sufficiently anchored and attached and so constructed, designed, and installed as to support a loop-load strength of not less than five thousand pounds (5,000 lbs.) and a buckle or closing device which shall be of a construction and design that it can be released with one hand with a pull of less than forty-five pounds (45 lbs.). Every person when driving any vehicle of this kind shall use and have his or her body anchored by the seat safety belt. Violation of this section shall constitute a civil violation.

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        >>>>>>> origin/main History of Section. P.L. 1962, ch. 204, § 5; P.L. 1986, ch. 424, § 1; P.L. 1999, ch. 218, art. 6, § 11.

        Collateral References.

        Failure to use seat belt as contributory negligence. 92 A.L.R.3d 9.

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        >>>>>>> origin/main 31-23-42. First-aid kit and heating equipment in school bus.

        Every school bus as defined in § 31-1-3 shall be equipped with a first-aid kit containing those articles and appliances generally included in an approved American Red Cross first-aid kit used in the administration of first-aid treatment. Every school bus shall also be equipped with an operable system for completely and adequately heating the bus while transporting children.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 148, § 1; P.L. 1968, ch. 48, § 1; P.L. 1986, ch. 448, § 1; P.L. 2004, ch. 6, § 17.

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        >>>>>>> origin/main 31-23-42.1. Special mirrors on school buses.

        Every school bus as defined in § 31-1-3 shall be equipped with a system of mirrors that will give the seated driver a view of the roadway to each side of the bus, and the area immediately in front of the front bumper, in accordance with the following specifications:

        1. At least seven and one-half inches (71/2") of a thirty-inch (30") long rod shall be visible to the driver, either by direct view or by means of an indirect visibility system, when the rod is placed upright on the ground at any point along a traverse line extending one foot from the forward-most point of the bus and one foot from the length and width and rear of the bus.
        2. Every school bus owner shall maintain a measuring rod thirty inches (30") in length with distinctive identification marks located at seven and one-half inch (71/2”) intervals for purposes of adjusting the system of mirrors required by this section in accordance with these specifications.
        3. Other mirrors shall be located and adjustable so as to meet their intended minimum requirements, and may be incorporated in the system of mirrors required by this section.
        4. Each school bus shall be equipped with at least two (2) flat-surfaced rectangular exterior mirrors, one situated on each side of the bus forward of the operator and any entrance door. The reflecting surface shall not be obscured and shall have a minimum reflective surface of fifty square inches (50 sq. in.). The mirrors shall be firmly supported and adjustable, and shall afford the driver a clear, stable, reflected view of the road surface at each side of the vehicle for a continual distance beginning at a point not greater than two hundred feet (200´) to the rear and continuing to the horizon when measured on a straight and level road.
        5. Exterior mirror mounts shall include a wide-angle adjustable convex mirror to provide a close-in field of vision to the operator. Each school bus shall be equipped with convex mirrors that shall be mounted at the left front corner and the right front corner of the vehicle, sufficiently adjustable to enable a seated operator to observe a reflection of the area in front of the bus where children might stand or pass.
        6. Each school bus shall be equipped with interior mirrors that shall afford the driver a view of the bus interior, emergency door, and the roadway to the immediate rear of the bus. Every school bus with a seating capacity of sixteen (16) passengers or fewer shall have a convex rear view mirror located near the right front corner, so as to provide the operator with a view of the ground area at the entrance door when the door is not equipped with safety glass in the lower portion of the door.
        7. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1969, ch. 176, § 1; P.L. 1975, ch. 198, § 1; P.L. 1986, ch. 448, § 1; P.L. 2002, ch. 292, § 120; P.L. 2004, ch. 6, § 17.

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        >>>>>>> origin/main 31-23-42.2. Power equipment on school buses.

        1. Every new school bus within the state shall be equipped with a dual braking system, including a power braking system, and power steering.
        2. All school buses, model year 2010 and newer, shall have emergency brakes that are equipped with an interlock system so designed that the emergency brake may be released only when the service brake pedal is depressed and the ignition key is inserted in the ignition lock.
        <<<<<<< HEAD

        History of Section. P.L. 1976, ch. 39, § 1; P.L. 2000, ch. 109, § 72; P.L. 2007, ch. 168, § 1; P.L. 2007, ch. 423, § 1.

        =======

        History of Section.

        P.L. 1976, ch. 39, § 1; P.L. 2000, ch. 109, § 72; P.L. 2007, ch. 168, § 1; P.L. 2007, ch. 423, § 1.

        >>>>>>> origin/main 31-23-43. Wheel safety chocks.

        1. Every bus having a seat capacity of more than seven (7) passengers, every truck with a gross weight of more than seven thousand pounds (7,000 lbs.), and every tractor or trailer, or combination, operated upon the public highways shall be equipped with one pair of approved wheel safety chock blocks. Whenever the motor vehicle shall be parked on a highway on a grade sufficient to cause the vehicle to move of its own momentum, and is left unattended by the operator, the safety chock blocks shall be securely placed around the rear wheel of the vehicle so as to prevent movement of the vehicle.
        2. Whenever the motor vehicle is equipped with positive spring-loaded air parking brakes, the vehicle need not be equipped with the safety wheel chocks.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1966, ch. 74, § 1; P.L. 1979, ch. 112, § 1; P.L. 1984, ch. 295, § 2; P.L. 2002, ch. 292, § 120.

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        >>>>>>> origin/main 31-23-44. Approved type of wheel safety chocks — Enforcement of requirements.

        All wheel safety chock blocks described in § 31-23-43 must be a type approved by the division of motor vehicles, and the division of motor vehicles shall establish specifications and requirements for approved types of wheel safety chock blocks. The specifications and requirements shall, in general, follow the standards established by the department of revenue. The administrator of the division of motor vehicles shall suspend the registration of any motor vehicle described in § 31-23-43 not equipped with wheel safety chock blocks, until it is made to conform to the requirements of the section.

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        >>>>>>> origin/main History of Section. P.L. 1966, ch. 74, § 1; P.L. 1986, ch. 448, § 1; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 145, § 19.

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        >>>>>>> origin/main 31-23-45. Tire treads.

        1. No tire on a vehicle moved on a highway shall have on its periphery less than two thirty-seconds (2/32) of an inch of tread depth. The administrator of the division of motor vehicles is authorized to remove from a highway any vehicle not conforming to this requirement and shall suspend the registration of the motor vehicle until it is made to conform to the requirements of this section.
        2. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 32, § 1; P.L. 2002, ch. 292, § 120.

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        >>>>>>> origin/main 31-23-46. Department of environmental management — Vehicles.

        All vehicles in use by the department of environmental management shall be equipped with a fire extinguisher. The fire extinguisher shall contain a potassium bicarbonate base dry chemical fire extinguishing agent, have an underwriter’s laboratory rating of six (6) B:C, and a capacity of two and one-half pounds (21/2 lbs.).

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        >>>>>>> origin/main History of Section. P.L. 1968, ch. 120, § 1.

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        >>>>>>> origin/main 31-23-47. Slow moving vehicle emblems.

        1. Except where otherwise specifically provided in this section, every motor vehicle designed for operation at speeds not in excess of twenty-five miles per hour (25 mph) shall at all times be equipped with a slow moving vehicle emblem mounted on the rear of the vehicle, which emblem shall comply with the current standards and specifications approved by the administrator of the division of motor vehicles.
        2. Every motor vehicle normally operating at speeds not in excess of twenty-five miles per hour (25 mph) shall at all times be equipped with the emblem in the following manner:
          1. Where a towed unit is sufficiently large to obscure any slow moving emblem on the rear of a motor vehicle only the towed unit need be equipped with the emblem; and
          2. Where the slow moving vehicle emblem on the motor vehicle would not be obscured by the towed unit, then either or both may be equipped with the required emblem but it shall be sufficient if either has it.
          3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1969, ch. 6, § 1; P.L. 2002, ch. 292, § 120.

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        >>>>>>> origin/main 31-23-48. Police cars — Extinguishers.

        Every state and municipal police vehicle in this state shall carry a fire extinguisher at all times.

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        >>>>>>> origin/main History of Section. P.L. 1969, ch. 25, § 1.

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        >>>>>>> origin/main 31-23-49. Transportation of gasoline — Penalty.

        1. No motor vehicle shall be used to transport gasoline, except those which are duly registered with and approved by the division of motor vehicles. No container of whatever kind may be used to transport gasoline, except under the rules and regulations that may be promulgated and approved by the state fire marshal. The rules and regulations on containers shall, among other facets, regulate the size and kinds of containers that may be used to transport gasoline in the state of Rhode Island. Unless there exists an emergency condition that would require the transportation of gasoline by motor vehicle in a container or otherwise in response to an individual’s or the general public’s health, safety, or welfare, no person, firm, or corporation shall transport gasoline by motor vehicle, container, or otherwise except as provided in this section. This section shall not be applicable to any vehicle subject to the jurisdiction and regulatory authority of the federal government or any of its agencies.
        2. Any person, firm, or corporation convicted of violating the provisions of this section or the rules and regulations promulgated by the state fire marshal or the division of motor vehicles under this section shall, upon conviction, be subject to the fines enumerated in § 31-41.1-4 .
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        >>>>>>> origin/main History of Section. P.L. 1974, ch. 215, § 1; P.L. 2002, ch. 58, § 4; P.L. 2008, ch. 100, art. 12, § 10.

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        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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        >>>>>>> origin/main 31-23-50. Motorcycle reflectorized plates.

        Every motorcycle registered within this state shall be equipped with reflectorized plates which shall be supplied by the administrator of the division of motor vehicles, department of revenue, pursuant to rules and regulations to be determined by the administrator of the division of motor vehicles, department of revenue.

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        >>>>>>> origin/main History of Section. P.L. 1975, ch. 63, § 1; P.L. 1979, ch. 22, § 2; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 145, § 19.

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        >>>>>>> origin/main 31-23-51. Earphones and headsets prohibited.

        1. No person shall operate a bicycle or motor vehicle upon any highway while wearing earphones, a headset, headphone, or other listening device. Any person who violates this section shall be fined: (1) eighty-five dollars ($85.00) for the first offense, (2) ninety-five dollars ($95.00) for the second offense, and (3) one hundred forty dollars ($140) for the third and each subsequent offense.
        2. This section shall not apply to:
          1. Any emergency vehicle operator using an integrated intercom system;
          2. Any person operating a motorcycle who is using a headset installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds;
          3. Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear;
          4. Any person using a headset in conjunction with the communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear;
          5. Any person using a hearing aid(s) or instrument for the improvement of hearing.
        3. The department of motor vehicles shall promulgate rules and regulations necessary to implement the provisions of this section.
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        >>>>>>> origin/main History of Section. P.L. 1983, ch. 234, § 1; P.L. 1989, ch. 72, § 1; P.L. 2002, ch. 58, § 4; P.L. 2002, ch. 292, § 127; P.L. 2002, ch. 312, § 1; P.L. 2008, ch. 100, art. 12, § 10; P.L. 2013, ch. 422, § 1.

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        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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        >>>>>>> origin/main 31-23-52. Removal of catalytic converter prohibited.

        It shall be unlawful for any person to knowingly remove or render inoperative, a catalytic converter installed on or in a motor vehicle or motor vehicle engine in compliance with federal regulations prior to or after its sale and delivery to the ultimate purchaser, except that a defective catalytic converter may be replaced with another device originally manufactured for use as a catalytic converter. Any person who violates this section shall be fined not exceeding five hundred dollars ($500) for each offense.

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 198, § 1.

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        >>>>>>> origin/main 31-23-53. School bus public address sound system.

        1. Every school bus placed in service shall be equipped with a public address sound system which shall be audible from a distance of not less than fifty feet (50´) and shall have a minimum of one speaker mounted outside the bus and a minimum of one speaker mounted inside the bus. The public address system and the method of installation shall be approved and certified by the division of motor vehicles. This system shall be inspected at all regularly scheduled inspections.
        2. When the driver of the school bus has picked up students, the bus will remain stopped, with red lights flashing, until all students are seated. Prior to any student being permitted to disembark from the bus, the driver shall look to see that all approaching traffic has stopped and observed the flashing red signal. After students have disembarked from the bus, the driver shall allow ample time for the students to clear the bus area before closing the doors and then, after remaining stopped for approximately ten (10) seconds, the driver shall announce through the public address system that the bus will proceed.
        3. The department of elementary and secondary education shall require a demonstration of the operation of the public address system at each school. The demonstration shall take place at least two (2) times per year, one of which shall take place during the month of September.
        4. The provisions of this section shall not apply to school buses used exclusively for the transportation of students receiving special education pursuant to chapter 24 of title 16; provided, the school buses without the inside and outside speakers may not be used for students not receiving special education, except for transportation before or after normal school hours. This provision shall be limited to secondary education students.
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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 329, § 1; P.L. 1987, ch. 311, § 1; P.L. 1994, ch. 70, art. 23, § 1; P.L. 2000, ch. 109, § 68.

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        >>>>>>> origin/main 31-23-54. School buses — Fire extinguishers.

        Every school bus shall be equipped with at least one pressurized, dry chemical-type fire extinguisher, mounted in the manufacturer’s extinguisher bracket and located in the driver’s compartment in full view of and readily accessible to the driver. A pressure gauge shall be so mounted on the extinguisher so that it may be easily read without removing the extinguisher from its mounted position. The fire extinguisher shall have a minimum capacity of two and one-half pounds (21/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating of not less than ten (10) B.C. The operating mechanism shall be sealed with a type of seal that will not interfere with use of the fire extinguisher.

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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 448, § 2.

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        >>>>>>> origin/main 31-23-55. Speedometer and odometer.

        Every school bus is required to be equipped with a speedometer and odometer in good working order at all times. The odometer may be installed separate and apart from the odometer normally included in the speedometer head.

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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 448, § 2.

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        >>>>>>> origin/main 31-23-56. Stop arm required.

        Every school bus shall be equipped with a stop arm, approved by the department of revenue, which shall be activated whenever school children are being loaded or unloaded.

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        >>>>>>> origin/main History of Section. P.L. 1987, ch. 360, § 1; P.L. 2008, ch. 98, § 19; P.L. 2008, ch. 145, § 19.

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        >>>>>>> origin/main 31-23-57. Eye protection for motorcycle operators.

        1. Every motorcycle operator shall be required to wear protective eyewear while operating on any highway within the state. The eyewear shall include, but not be limited to, safety goggles, safety eyeglasses, or a safety shield.
        2. Any person who violates the provisions of this section shall be fined twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense, and one hundred dollars ($100) for the third and each subsequent offense.
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        >>>>>>> origin/main History of Section. P.L. 1988, ch. 537, § 1.

        Collateral References.

        Motorcyclist’s failure to wear helmet or other protective equipment as affecting recovery for personal injury or death. 85 A.L.R.4th 365.

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        >>>>>>> origin/main 31-23-58. Department of transportation — Vehicles — Backup warning device.

        All state trucks in use by the department of transportation shall be equipped with a backup warning device that meets the latest minimum standards as promulgated by either federal occupational health and safety standards or the standards set by the department of transportation.

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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 265, § 1; P.L. 2007, ch. 323, § 1.

        Chapter 23.1 Vehicle Equipment Safety Compact

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        >>>>>>> origin/main 31-23.1-1. Compact enacted.

        The vehicle equipment safety compact is enacted into law and entered into with all other jurisdictions legally joining in it in the form substantially as follows:

        VEHICLE EQUIPMENT SAFETY COMPACT

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        >>>>>>> origin/main ARTICLE I

        Findings and Purposes

        1. The party states find that:
          1. Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.
          2. There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by any means that will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.
        2. The purposes of this compact are to:
          1. Promote uniformity in regulation of and standards for equipment.
          2. Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.
          3. To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.
        3. It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.
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        >>>>>>> origin/main ARTICLE II

        Definitions

        As used in this compact:

        1. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
        2. “State” means a state, territory or possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico.
        3. “Equipment” means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.
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        >>>>>>> origin/main ARTICLE III

        The Commission

        1. There is created an agency of the party states to be known as the “vehicle equipment safety commission” referred to here as “the commission”. The commission shall be composed of one commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of that party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of his or her membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in whatever form that the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.
        2. The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor of that action. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.
        3. The commission shall have a seal.
        4. The commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in any amount that the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.
        5. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission’s functions, and shall fix the duties and compensation of such personnel.
        6. The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor’s insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
        7. The commission may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two (2) or more of the party states or their subdivisions.
        8. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.
        9. The commission may establish and maintain any facilities that may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest in it.
        10. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy of them and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at those meetings or hearings. This notice shall also be given to those agencies or officers of each party state as the laws of that party state may provide.
        11. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.
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        >>>>>>> origin/main ARTICLE IV

        Research and Testing

        The commission shall have power to:

        1. Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in equipment and related fields.
        2. Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.
        3. Contract for any equipment research and testing that one or more governmental agencies may agree to have contracted for by the commission, provided that the governmental agency or agencies shall make available the funds necessary for that research and testing.
        4. Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.
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        >>>>>>> origin/main ARTICLE V

        Vehicular Equipment

        1. In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements, or restrictions for any item of equipment. As a result of such a study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty (60) days after the publication of a report containing the results of such a study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.
        2. Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.
        3. Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.
        4. The commission shall send prompt notice of its action in issuing any rule, regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and that notice shall contain the complete text of the rule, regulation or code.
        5. If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a prior condition to the taking effect in that party state of any rule, regulation or code. In such event, the commissioner of that party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection of it by the party state.
        6. Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six (6) months of the sending of the notice, and upon adoption, the rule, regulation or code shall have the force and effect of law in that state.
        7. The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation or code issued by the commission pursuant to this article if that agency specifically finds, after public hearing on due notice, that a variation from the commission’s rule, regulation or code is necessary to the public safety, and incorporates in that finding the reasons upon which it is based. Any such finding shall be subject to review by whatever procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.
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        >>>>>>> origin/main ARTICLE VI

        Finance

        1. The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for that period as may be required by the laws of that party state for presentation to its legislature.
        2. Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any of these budgets shall be apportioned among the party states as follows: one-third (1/3) in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of registrations, the commission may employ whatever source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission’s budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.
        3. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under article III(h) of this compact, provided that the commission takes specific action setting aside those funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under article III(h) of this compact, the commission shall not incur any obligation prior to the allotment of funds by party states adequate to meet them.
        4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.
        5. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
        6. Nothing contained in this compact shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
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        >>>>>>> origin/main ARTICLE VII

        Conflict of Interest

        1. The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of any rules and regulations that may be applicable under the laws of the violator’s jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.
        2. Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to the contractor’s control in the performance of the contract even though those facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of those facilities.
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        >>>>>>> origin/main ARTICLE VIII

        Advisory and Technical Committees

        The commission may establish any advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any of these committees and the organizations which the members represent in furthering any of its activities.

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        >>>>>>> origin/main ARTICLE IX

        Entry into Force and Withdrawal

        1. This compact shall enter into force when enacted into law by any six (6) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment of it.
        2. Any party state may withdraw from this compact by enacting a statute repealing it, but no withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of that withdrawal.
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        >>>>>>> origin/main ARTICLE X

        Construction and Severability

        This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability of it to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person or circumstance shall not be affected by it. If this compact shall be held contrary to the constitution of any state participating in it, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

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        History of Section.

        >>>>>>> origin/main

        History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-2. Legislative findings.

        The legislature finds that:

        1. The public safety necessitates the continuous development, modernization, and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion.
        2. The public safety further requires that those standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation.
        3. The division of motor vehicles, acting upon recommendations of the vehicle equipment safety commission and pursuant to the Vehicle Equipment Safety Compact, provides a just, equitable, and orderly means of promoting the public safety in the manner and within the scope contemplated by this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-3. Supersession of other laws.

        Provisions of chapters 23 and 24 of this title shall continue to be of force and effect only until superseded by a rule, regulation, or code adopted by the general assembly pursuant to the Vehicle Equipment Safety Compact. Any superseding rule, regulation, or code shall specify the provision or provisions of existing statute being superseded in accordance with and as required by this chapter. The provision or provisions are repealed, effective on the date when the rule, regulation or, code superseding the provision or provisions becomes effective pursuant to the Vehicle Equipment Safety Compact, and any violation of the superseding provision or provisions shall be a civil violation.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1; P.L. 1999, ch. 218, art. 6, § 12.

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        >>>>>>> origin/main 31-23.1-4. Legislative approval.

        Pursuant to article V(e) of the Vehicle Equipment Safety Compact, it is the intention of this state and it is provided that no rule, regulation, or code issued by the vehicle equipment safety commission in accordance with article V of the compact shall take effect until approved by act of the legislature.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-5. Rhode Island commissioner.

        The commissioner of this state on the vehicle equipment safety commission shall be the administrator of the division of motor vehicles who shall serve during his or her continuance as the officer. The commissioner of this state appointed pursuant to this section may designate an alternate from among the officers and employees of the commissioner’s agency to serve in his or her place and stead on the vehicle equipment safety commission. Subject to the provisions of the compact and bylaws of the vehicle equipment safety commission, the authority and responsibilities of the alternate shall be as determined by the commissioner designating the alternate.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-6. Employees’ retirement.

        The employees’ retirement system of the state of Rhode Island may make an agreement with the vehicle equipment safety commission for the coverage of the commission’s employees pursuant to article III(f) of the compact. The agreement, as nearly as may be, shall provide for arrangements similar to those available to the employees of this state, and shall be subject to amendment or termination in accordance with its terms.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-7. Departmental cooperation.

        Within appropriations available for them, the departments, agencies, and officers of the government of this state may cooperate with and assist the vehicle equipment safety commission within the scope contemplated by article III(h) of the compact. The departments, agencies, and officers of the government of this state are authorized generally to cooperate with the commission.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-8. Filings.

        Filing of documents as required by article III(j) of the compact shall be with the division of motor vehicles.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-9. Budget.

        Pursuant to article VI(a) of the compact, the vehicle equipment safety commission shall submit its budgets to the administrator of the division of motor vehicles.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

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        >>>>>>> origin/main 31-23.1-10. Inspection of accounts.

        Pursuant to article VI(e) of the compact, the department of revenue is empowered and authorized to inspect the accounts of the vehicle equipment safety commission.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1; P.L. 2008, ch. 98, § 20; P.L. 2008, ch. 145, § 20.

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        >>>>>>> origin/main 31-23.1-11. “Executive head” defined.

        “Executive head” as used in article IX(b) of the compact, with reference to this state, means the governor.

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        >>>>>>> origin/main History of Section. P.L. 1963, ch. 43, § 1.

        Chapter 23.2 Tampering with Odometers

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        >>>>>>> origin/main 31-23.2-1. Declaration of findings and purpose.

        1. The general assembly finds:
          1. That purchasers, when buying motor vehicles, rely heavily on the odometer reading as an index of the condition and value of the vehicle;
          2. That purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle;
          3. That an accurate indication of the mileage traveled by a motor vehicle, assists the purchaser in determining its safety and reliability; and
          4. That motor vehicles move in the current of interstate and foreign commerce or affect that commerce.
        2. It is therefore the purpose of this chapter to prohibit tampering with odometers on motor vehicles, to establish certain safeguards for the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers, and to create civil and criminal sanctions for the violation of the provisions of this chapter.
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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1; P.L. 1985, ch. 392, § 1.

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        >>>>>>> origin/main 31-23.2-2. Definitions.

        As used in this title:

        1. “Motor vehicle” means any vehicle driven or drawn by mechanical power for use on the public streets, roads, and highways;
        2. “Odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation;
        3. “Person” means any individual, sole proprietorship, partnership, corporation, or business trust including, but not limited to, private individuals and motor vehicle dealers, both wholesale and retail, whether the private individual or dealer is a dealer in the ordinary course of business or not;
        4. “Repair and replacement” means to restore to a sound working condition by replacing the instrument or any part thereof or by correcting what is inoperative;
        5. “Transfer” means to acquire ownership by purchase, gift, bequest, or any other means.
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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1; P.L. 1985, ch. 392, § 1.

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        >>>>>>> origin/main 31-23.2-3. Unlawful devices.

        It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed, any device which causes the odometer to register any mileage other than the true mileage driven. For the purpose of this section the “true mileage driven” is that mileage driven by the vehicle as registered by the odometer within the manufacturer’s designed tolerance.

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1.

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        >>>>>>> origin/main 31-23.2-4. Unlawful activity.

        It is unlawful for any person or his or her agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to reduce the number of miles indicated on it.

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1.

        Collateral References.

        Construction and application of statute making it unlawful to tamper with motor vehicle odometer. 76 A.L.R.3d 981.

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        >>>>>>> origin/main 31-23.2-5. Maintenance.

        Nothing in this chapter shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated on it remains the same as before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before the service, repair, or replacement, the odometer shall be adjusted to read zero.

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1.

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        >>>>>>> origin/main 31-23.2-6. Transfer of vehicle.

        1. Any sales agreement for the transfer of a motor vehicle between persons as defined in this chapter shall contain the words “both buyer and seller have examined the title certificate of this motor vehicle and it correctly reflects the mileage as it appears on the odometer” which shall be placed conspicuously and prominently on the agreement.
        2. It shall be unlawful for any person to transfer ownership of a motor vehicle previously registered in this state or a motor vehicle used by a dealer as a demonstrator unless the person:
          1. Enters on a form prescribed by the department of revenue, as prescribed by state law, the mileage the motor vehicle has been operated. The form shall be signed by both the seller and buyer and contain a statement that both parties have viewed the odometer of the motor vehicle. The form as completed shall then be attached to the instrument evidencing transfer of ownership; or
          2. Enters upon the form “not actual mileage” in the event that the odometer mileage is known to the person to be less than the motor vehicle has actually traveled; or
          3. Enters the total cumulative mileage on the form in the event that it is known that the mileage indicated on the odometer is beyond its designated mechanical limits;
          4. Enters the same information as set forth in subdivisions (1) through (3) of this subsection on the owner’s title certificate; and
          5. The owner of a motor vehicle shall supply its mileage upon the annual renewal registration form supplied by the division of motor vehicles.
        3. It shall be a violation of this chapter for any person to give a false statement to a transferee under the provisions of this section; provided, however, that no person shall be in violation of this chapter where a vehicle has been resold in reliance on the required statement of the prior owner made pursuant to this section.
        4. No motor vehicle, previously registered in another state, shall be registered for use in this state unless the application for a certificate of title in Rhode Island is accompanied by the prior owner’s certificate of title and a form as set forth in subdivision (b)(1) of this section.
        5. The certificate of title of the motor vehicle issued to the new owner by the state of Rhode Island shall:
          1. Be printed using a process determined by the director to be the most efficient and effective means of avoiding unauthorized duplication;
          2. Indicate on its face the mileage required to be disclosed by the transferor under subsections (b)(1) and (d) of this section; and
          3. Contains a space for the transferee to disclose the mileage at the time of any future transfer and to sign and date the disclosure.
        6. No registration card may be issued in this state for any motor vehicle unless:
          1. The application for the registration card contains the prior owner’s most recent registration card and the prior owner’s title; and
          2. The new registration card contains such information as provided on the application.
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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1; P.L. 1985, ch. 392, § 1; P.L. 1987, ch. 47, § 1; P.L. 1988, ch. 194, § 1; P.L. 1990, ch. 495, § 1; P.L. 2008, ch. 98, § 21; P.L. 2008, ch. 145, § 21.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-7. Penalty.

        1. A person who shall violate any of the sections of this chapter shall be punished by imprisonment for up to five (5) years or a fine of not more than ten thousand dollars ($10,000) or one dollar ($1.00) for each mile representing the difference between the actual mileage driven and the mileage as represented on the vehicle at the time of sale, and the person may be prohibited from working for any motor vehicle dealer authorized to do business in the state of Rhode Island for a period of not more than one year; and if the person has been issued plates pursuant to § 31-3-25 , the plates may be revoked.
        2. Should any person who violates any of the sections of this chapter possess a motor vehicle dealer’s license, this license shall be revoked upon his or her conviction for a period of not more than one year.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1; P.L. 1984, ch. 256, § 1; P.L. 1985, ch. 392, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-8. Cause of action — Statute of limitations — Damages.

        1. Notwithstanding the provisions of any general or public law to the contrary, any person who suffers a loss as a result of a violation of any provision of this chapter, may commence an action in either the superior or district court within three (3) years from the date of discovery of the loss, or within one year from the date when through the exercise of reasonable diligence, the cause of the loss should have been discovered, whichever is later. If the seller of any motor vehicle or any previous owner shall have knowingly violated any of the provisions of this chapter, he or she shall be liable to any subsequent good faith purchaser in an amount equal to three (3) times the amount of actual damages and shall also be liable for punitive damages, costs, and reasonable attorney’s fees as determined by the court.
        2. Prior to initiating any legal action as set forth in subsection (a) of this section, a person shall serve a written demand upon the seller or any previous owner by registered mail, return receipt requested, containing the following information:
          1. That the buyer believes the odometer has been tampered with;
          2. Date of purchase;
          3. Name of buyer and seller;
          4. Make, model, year, and VIN of motor vehicle;
          5. Sales price;
          6. Present mileage;
          7. Any repairs done on the motor vehicle since its purchase; and
          8. A demand for a refund or a replacement motor vehicle of comparable value within thirty (30) days of the notification of the seller or previous owner. Should the seller or previous owner comply with the demand within thirty (30) days, the buyer shall forfeit any right to proceed in accordance with subsection (a) of this section. Additionally, a replacement motor vehicle shall be accepted by any financial institution financing the motor vehicle replaced as substitute collateral on any notes made to finance the replaced motor vehicle, and the owner/borrower and/or guarantors on the notes shall not have to pay any penalties or refinance charges.
        3. Any person who knowingly violates any of the provisions of this chapter, shall be absolutely liable to any person suffering a loss, and it shall not be a defense that any plaintiff contributed to his or her own loss.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1; P.L. 1984, ch. 76, § 1; P.L. 1985, ch. 392, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-9. Other laws unaffected.

        This chapter does not annul, alter, affect, or exempt any person subject to the provisions of this chapter from complying with the laws of any state with respect to the disconnecting, altering, or tampering with odometers with the intent to defraud, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1972, ch. 14, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-10. Division of motor vehicles — Odometer inspection.

        1. Notwithstanding any other provisions of the general laws, the division of motor vehicles shall require the inspection by a member of a city or town police department, of the odometer of every motor vehicle purchased from a seller from outside the state of Rhode Island, prior to issuing a certificate of title in accordance with the provisions of § 31-23.2-6 .
        2. For each vehicle inspected, the local police department may collect a fee of ten dollars ($10.00).
        3. In the town of Exeter, the town sergeant, or designees, who shall also be employees of the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 392, § 3; P.L. 1987, ch. 118, art. 23, § 3; P.L. 1987, ch. 420, § 2; P.L. 2021, ch. 190, § 2, effective July 8, 2021; P.L. 2021, ch. 191, § 2, effective July 8, 2021.

        Compiler's Notes.

        P.L. 2021, ch. 190, § 2 and P.L. 2021, ch. 191, § 2 enacted identical amendments to this section.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-11. Violation constituting deceptive trade practice.

        Any violation of the provisions of this chapter shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. In addition to the provisions of § 31-23.2-8 , all of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1984, ch. 76, § 2; P.L. 1985, ch. 392, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-12. Dealers — Bonding.

        All motor vehicle dealers licensed by the state of Rhode Island shall post a bond of not less than fifteen thousand dollars ($15,000) with the Rhode Island motor vehicle dealers license commission for the purpose of indemnifying a good faith purchaser who suffers any loss occasioned by a violation of the general laws or the rules and regulations of the commission. The bond shall be renewed annually and shall continue in effect for two (2) years after any dealer goes out of business.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 392, § 3.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.2-13. Dealers — Records.

        All motor vehicle dealers licensed by the state of Rhode Island shall retain all records involving the transfer of motor vehicles in the state of Rhode Island, including, but not limited to, those set forth in § 31-23.2-6(a) and (b), for a period of six (6) years after the date of sale of each motor vehicle.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 392, § 3.

        Chapter 23.3 Nontransparent Windshields and Windows

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.3-1. Definitions.

        The following words and phrases, for the purposes of this chapter only, have the following meanings:

        1. “Motor vehicle” means any vehicle, except those vehicles defined in § 31-1-8 as vehicles used in farm husbandry, which is registered or required to be registered in the state.
        2. “Multipurpose passenger vehicle” means a motor vehicle with motive power designed to carry ten (10) persons or fewer which is constructed either on a truck chassis or with special features for occasional off-road operation.
        3. “Reflectance” means the ratio of the amount of total light, expressed in a percentage, which is reflected outward by the product or material to the amount of total light falling on the product or material.
        4. “Sunscreening material” means a product or material, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduces the effects of the sun with respect to light reflectance or transmittance.
        5. “Transmittance” means the ratio of the amount of total light, expressed in a percentage, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.
        6. “Window” means any device designed for exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device having less than one hundred fifty (150) square inches in area.
        7. “Windshield” means the front exterior viewing device of a motor vehicle.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.3-2. Windshields and windows obscured by nontransparent materials.

        No person shall own and operate any motor vehicle upon any public highway, road or street with nontransparent or sunscreen material, window application, reflective film or non-reflective film used in any way to cover or treat the front windshield, the side windows immediately adjacent to the right and left of the operator’s seat, the side windows immediately to the rear of the operator’s seat and the front passenger seat and the rear window unless this vehicle meets one of the criteria set forth in § 31-23.3-3 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.3-3. Rules and regulations authorized — Administrator of the division of motor vehicles.

        1. The administrator of the division of motor vehicles shall establish rules and regulations to provide standards and tests to measure the percentage of reflective and transmittance of light.
        2. Any person, firm, corporation, or other entity installing such a sunscreen device on a motor vehicle shall provide and affix a label to the front window not to exceed one and one-half (11/2) square inches in size, which contains the installer’s name and the percentage of light transmittance. Facing the motor vehicle from the outside, the label shall be placed in the lower left corner of the front window.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.3-4. Exemptions.

        The provisions of this chapter shall not apply to:

        1. Motor vehicles manufactured with windshields and window glass areas equipped in accordance with specifications of 49 CFR 571.205 as authorized by 15 U.S.C. § 1407.
        2. Motor vehicles owned or leased by federal, state and local law enforcement agencies.
        3. The use of nontransparent or sunscreen material or window application on motor vehicles which has a total visible light transmittance of not less than seventy percent (70%) measured perpendicular to the surface of the glass on the windshield and side windows immediately adjacent to the right and left of the operator’s seat, the side windows immediately to the rear of the operator’s seat and the front passenger seat or on the rear window if the vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.
        4. The use of any transparent material limited to the uppermost six inches (6") along the top of the windshield, provided the strip does not encroach upon the driver’s direct forward viewing area as more particularly described and defined in applicable Federal Motor Vehicle Safety Standards.
        5. Motor vehicles not required to be registered in this state.
        6. The use of sunscreen material on windows behind the driver in trucks, buses, trailers, mobile homes, campers, multipurpose vehicles, charter buses, funeral service vehicles, or limousines, provided that the vehicle is equipped with two (2) outside mirrors, one on each side, if those mirrors meet federal standards adjusted so the driver has a clear view of the highway behind the vehicle.
        7. A motor vehicle registered in this state in the name of a person, or the person’s legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this state that states that the person has a physical condition that makes it necessary to equip the motor vehicle with a sunscreening device which may exceed federal standards. The division of motor vehicles, upon application of the individual, which shall include the affidavit, shall issue a sticker to be applied to the driver’s side window to identify this exemption.
        8. Any motor vehicle, registered and garaged within this state, whose sole purpose is to provide executive security to persons within this state. The owner(s) of the vehicle shall first seek and obtain written permission from the local police chief where the vehicle is garaged and registered before the waiver is granted.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1; P.L. 1994, ch. 76, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-23.3-5. Penalties.

        1. Any person, firm, corporation, or other business entity that installs any sunscreening material which is not in compliance with the provisions of this chapter shall be fined not more than two hundred fifty dollars ($250) for each offense.
        2. Any person who owns a motor vehicle which has installed on it any sunscreening device or material in violation of this chapter shall be fined not more than two hundred fifty dollars ($250).
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-23.3-6. Vehicles with existing sunscreening materials.

        The owners of all motor vehicles who have sunscreening material in their motor vehicle in violation of the provisions of this chapter may be found in violation of the provisions of this chapter; provided, an owner of a motor vehicle shall not be required to remove any sunscreening material if that material was initially installed by the motor vehicle manufacturer and was purchased prior to December 1, 1993.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 250, § 1; P.L. 1993, ch. 408, § 1; P.L. 2000, ch. 109, § 73.

        Chapter 24 Lighting Equipment and Reflectors

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-24-1. Times when lights required.

        1. Every vehicle upon a highway within this state at any time from sunset to sunrise and at any other time when windshield wipers are in use, as a result of rain, sleet, snow, hail or other unfavorable atmospheric condition, or at any other time when there is not sufficient light or visibility, because of severe rain or any other condition, to clearly see persons and vehicles on the highway at a distance of five hundred feet (500´) ahead, shall display lighted lamps and illuminating devices as respectively required under this chapter for different classes of vehicles, subject to the exceptions given in this chapter with respect to parked vehicles.
        2. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 2; G.L. 1956, § 31-24-1 ; P.L. 1982, ch. 25, § 1; P.L. 1983, ch. 298, § 1; P.L. 1994, ch. 226, § 1; P.L. 1999, ch. 8, § 1; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 2; G.L. 1956, § 31-24-1 ; P.L. 1982, ch. 25, § 1; P.L. 1983, ch. 298, § 1; P.L. 1994, ch. 226, § 1; P.L. 1999, ch. 8, § 1; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Administrative handling of violations of this section, § 31-41.1-4 .

        Farm and road machinery exempt from provisions, § 31-23-3 .

        Misdemeanors, penalty, §§ 31-23-1 and 31-27-13 .

        Comparative Legislation.

        Lights and reflectors:

        Conn. Gen. Stat. § 14-96a et seq.

        Mass. Ann. Laws, ch. 85, § 15; ch. 90, § 7.

        NOTES TO DECISIONS

        Charge to Jury.

        It was proper to refuse to charge the jury on former statute alone where such charge might have misled as to the effect of concurring negligence. J. Samuels & Bros. v. Rhode Island Co., 40 R.I. 232 , 100 A. 402, 1917 R.I. LEXIS 28 (1917).

        Negligence.

        Violation of this section would not be decisive of negligence as proximate cause where the highway was so well lighted as to make the vehicle visible without lights. Surmeian v. Simons, 42 R.I. 334 , 107 A. 229, 1919 R.I. LEXIS 42 (1919).

        “Nighttime”.

        Where break-in of filling station occurred sometime after 5:30 A.M. and sunrise on such day was at 5:32 A.M., under the inference arising from this section, at the time of the break-in it should have been light enough to see a distance of 500 feet, which would not have been in the “nighttime” as charged in the indictment. State v. Mollicone, 95 R.I. 59 , 182 A.2d 612, 1962 R.I. LEXIS 127 (1962).

        Under the inference arising from this section, the evidence was sufficient to establish that the defendant’s breaking and entering took place during the nighttime where the testimony of witnesse established that the defendant’s criminal activity took place well before the one-half hour prior to sunrise. State v. Lefebvre, 609 A.2d 957, 1992 R.I. LEXIS 153 (R.I. 1992) (decided prior to 1994 amendment, deleting “half-hour” provision).

        Collateral References.

        Automobile lights, regulations as to, construction of. 11 A.L.R. 1226; 78 A.L.R. 815.

        Driving motor vehicle without lights or with improper lights as gross negligence or the like warranting recovery by guest under the guest statute or similar common-law rule. 21 A.L.R.2d 209.

        Expert or opinion evidence regarding lights on automobile. 137 A.L.R. 753.

        Liability for injury incident to towing automobile as affected by availability and effectiveness of lighting equipment. 30 A.L.R.2d 1053.

        Liability or recovery for automobile collision damage as affected by operating vehicle without front lights or with improper front lights. 62 A.L.R.3d 560.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load, or similar auxiliary lights. 62 A.L.R.3d 844.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors. 62 A.L.R.3d 771.

        Liability or recovery in automobile negligence action as affected by motor vehicle’s being driven or parked without dimming lights. 63 A.L.R.3d 824.

        Pedestrian injured by automobile, liability as affected by absence of light. 67 A.L.R. 103; 93 A.L.R. 557.

        Stopping without lights as negligence toward driver of vehicle proceeding in the same direction. 24 A.L.R. 510; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        Trailer, liability for injury by, as affected by lack of or insufficient light. 84 A.L.R. 284.

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        >>>>>>> origin/main 31-24-2. Means of measuring distance of visibility.

        Whenever a requirement is declared in this chapter as to the distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, the provisions shall apply during the times stated in § 31-24-1 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 3; G.L. 1956, § 31-24-2 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 3; G.L. 1956, § 31-24-2 .

        >>>>>>> origin/main 31-24-3. Measurement of height of lamps.

        Whenever a requirement is declared in this chapter as to the mounted height of lamps or devices, it shall mean from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 3; G.L. 1956, § 31-24-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 3; G.L. 1956, § 31-24-3 .

        >>>>>>> origin/main 31-24-4. Head lamps on vehicles other than cycles.

        Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one on each side of the front of the motor vehicle, and the head lamps shall comply with the requirements and limitations of this chapter. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-4 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-4 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Additional parts and accessories not prohibited, § 31-23-2 .

        Misdemeanors, penalty, § 31-27-13 .

        Collateral References.

        Liability or recovery in automobile negligence actions arising out of collision or upset as affected by operation of vehicles without front lights, or with improper front lights. 62 A.L.R.3d 560.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-24-5. Head lamps on motorcycles and motor-driven cycles.

        Every motor cycle and every motor-driven cycle shall be equipped with at least one and not more than two (2) head lamps which shall comply with the requirements and limitations of this chapter. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-5 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-5 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Equipment on bicycles, § 31-19-10 .

        Speed of motor-driven cycles as affected by lighting equipment, § 31-14-10 .

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        >>>>>>> origin/main 31-24-6. Height of head lamps.

        Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches (54") nor less than twenty-four inches (24") to be measured as set forth in § 31-24-3 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-6 ; P.L. 1957, ch. 66, § 1; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 4; P.L. 1956, ch. 3846, § 1; G.L. 1956, § 31-24-6 ; P.L. 1957, ch. 66, § 1; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-7. Tail lamps required.

        Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which when lighted as required in this chapter, shall emit a red light plainly visible from a distance of five hundred feet (500´) to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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        History of Section. P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-7 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-7 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, §§ 31-23-1 and 31-27-13 .

        Collateral References.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors. 62 A.L.R.3d 771.

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        >>>>>>> origin/main 31-24-8. Height of tail lamps.

        Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches (72") nor less than twenty inches (20") to be measured as set forth in § 31-24-3 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-8 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-8 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-9. Illumination of rear registration plate — Wiring of rear lights in connection with head lamps.

        Either a tail lamp or a separate lamp shall be constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of sixty feet (60´) to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-9 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 5; G.L. 1956, § 31-24-9 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-10. Rear reflectors required.

        Every new motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two (2) red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of § 31-24-11 , and except that vehicles of the type mentioned in § 31-24-37 shall be equipped with reflectors. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 6; G.L. 1956, § 31-24-10 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 6; G.L. 1956, § 31-24-10 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Collateral References.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors. 62 A.L.R.3d 771.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-11. Specifications for reflectors.

        Every reflector referred to in § 31-24-10 shall be mounted on the vehicle at a height not less than twenty inches (20") nor more than sixty inches (60") measured as set forth in § 31-24-3 , and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet (350´) from the vehicle when directly in front of lawful upper beams of head lamps, except that visibility from a greater distance is required by this chapter of reflectors on certain types of vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 6; G.L. 1956, § 31-24-11 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 6; G.L. 1956, § 31-24-11 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-12. Stop lamps required.

        It shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state, or for any person to drive a vehicle on the highways, unless it is equipped with a stop lamp meeting the requirements of §§ 31-24-13 and 31-24-14 ; provided, that all motor vehicles shall be equipped with stop lamps. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 7; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-24-12 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 7; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-24-12 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-13. Stop and turn lamps authorized.

        Any motor vehicle may be equipped with, and when required under this chapter shall be equipped with, the following signal lamps or devices:

        1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated by applying the service (foot) brake and which may but need not be incorporated with a tail lamp;
        2. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-13 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-13 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Vehicles on which mechanical turn signals required, § 31-16-9 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-14. Specifications for stop or signal lamps.

        A stop lamp shall be plainly visible and understandable from a distance of one hundred feet (100´) to the rear both during normal sunlight and at nighttime, and a signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred feet (100´) both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, the lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-14 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-14 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-15. Mechanical signal devices self-illuminated.

        All mechanical signal devices shall be self-illuminated when in use at the times mentioned in § 31-24-1 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-15 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-15 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-16. Spot lamps.

        Any motor vehicle may be equipped with not to exceed two (2) spot lamps and every lighted spot lamp shall be aimed and used upon approaching another vehicle so that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet (100´) ahead of the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 17; G.L. 1956, § 31-24-16 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 17; G.L. 1956, § 31-24-16 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-17. Road lamps and fog lamps.

        Any motor vehicle may be equipped with not more than two (2) road lamps or fog lamps which shall be rigidly affixed to the motor vehicle below the level of the head lamps, and shall be so aimed and used that no part of the high-intensity portion of the light beam shall rise more than eighteen inches (18") above the ground at a distance of seventy-five feet (75´) or more in front of the vehicle or be directed left of the prolongation of the extreme left side of the vehicle. Fog lamps and road lamps shall not be used in lieu of head lamps. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 17; G.L. 1956, § 31-24-17 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 17; G.L. 1956, § 31-24-17 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-18. Side cowl and fender lamps.

        Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-18 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-18 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-19. Running board courtesy lamps.

        Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side of it which shall emit a white or amber light without glare. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-19 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s. s.), ch. 2639, § 5; G.L. 1956, § 31-24-19 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-20. Back up lamps.

        Any motor vehicle may be equipped without not more than two (2) back-up lamps either separately or in combination with other lamps, but no back-up lamp shall be lighted when the motor vehicle is in forward motion. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s.s.), ch. 2639, § 5; G.L. 1956, § 31-24-20 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 18; P.L. 1950 (s.s.), ch. 2639, § 5; G.L. 1956, § 31-24-20 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-21. Lighting of farm tractors.

        Every farm tractor equipped with an electric lighting system shall at all times mentioned in § 31-24-1 display a red tail lamp and either multiple beam or single beam head lamp equipment meeting the requirements of §§ 31-24-7 — 31-24-9 , 31-24-22 , and 31-24-24 . Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-24-21 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 1; G.L. 1956, § 31-24-21 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-22. Multiple beam lamps required.

        Except as provided in this chapter, the head lamps, or the auxiliary driving lamps, or combinations of them, on motor vehicles other than a motorcycle or a motor-driven cycle, shall be arranged so that selection may be made between distributions of light projected to different elevations, subject to the following requirements and limitations:

        1. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350´) ahead for all conditions of loading.
        2. There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100´) ahead; and under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
        3. Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state, which has multiple beam road lighting equipment, shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of that vehicle.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 19; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-22 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 19; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-22 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-23. Use of multiple beam lamps.

        Whenever a motor vehicle is being operated on a roadway or on its shoulder during the times specified in § 31-24-1 , the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

        1. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet (500´), the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subdivision (2) of § 31-24-22 , shall be deemed to avoid glare at all times, regardless of road contour and loading.
        2. Whenever the driver of a vehicle follows another vehicle within two hundred feet (200´) to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this chapter other than the upper most distribution of light specified in subdivision (1) of § 31-24-22 .
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 20; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-23 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 20; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-23 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Collateral References.

        Duty and liability of vehicle driver blinded by other motor vehicle’s lights. 22 A.L.R.2d 292; 64 A.L.R.3d 551; 64 A.L.R.3d 760.

        Recovery or liability in automobile negligence action as affected by vehicle being driven without dimming lights. 63 A.L.R.3d 824.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-24. Single beam lamps.

        Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to November 1, 1951, in lieu of multiple beam road lighting equipment specified in this chapter if the single distribution of light complies with the following requirements and limitations:

        1. The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall, at a distance of twenty-five feet (25´) ahead, project higher than a level of five inches (5") below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches (42") above the level on which the vehicle stands at a distance of seventy-five feet (75´) ahead.
        2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet (200´).
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 21; G.L. 1956, § 31-24-24 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 21; G.L. 1956, § 31-24-24 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-25. Specifications for head lamps on motor-driven cycles.

        The head or head lamps upon every motor-driven cycle may be of the single beam or multiple beam type but in either event shall comply with the requirements and limitations as follows:

        1. Every head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet (100´) when the motor driven cycle is operated at any speed less than twenty-five miles per hour (25 m.p.h.) and at a distance of not less than two hundred feet (200´) when the motor-driven cycle is operated at a speed of twenty-five (25) or more miles per hour, and the motor-driven cycle shall be subject to the speed limitations in § 31-14-10 .
        2. In the event the motor-driven cycle is equipped with multiple beam head lamp or head lamps, the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in subdivision (1) of § 31-24-22 . The lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in subdivision (2) of § 31-24-22 .
        3. In the event the motor-driven cycle is equipped with a single beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded, none of the high-intensity portion of light, at a distance of twenty-five feet (25´) ahead, shall project higher than the level of the center of the lamp from which it comes.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 22; G.L. 1956, § 31-24-25 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 22; G.L. 1956, § 31-24-25 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-26. Head lamps of slow vehicles.

        Any motor vehicle may be operated under the conditions specified in § 31-24-1 when equipped with two (2) lighted lamps upon the front of it capable of revealing persons and objects seventy-five feet (75´) ahead in lieu of lamps required in §§ 31-24-22 or 31-24-24 ; provided, that at no time shall it be operated at a speed in excess of twenty miles per hour (20 m.p.h.). Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 23; G.L. 1956, § 31-24-26 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 23; G.L. 1956, § 31-24-26 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-27. Display of lighted lamps required.

        At all times specified in § 31-24-1 , at least two (2) lighted lamps shall be displayed one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when the vehicle is parked subject to the regulations governing lights on parked vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 24; G.L. 1956, § 31-24-27 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 24; G.L. 1956, § 31-24-27 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-28. Maximum number of lamps lighted.

        Whenever a motor vehicle equipped with head lamps as required by this chapter is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front of it projecting a beam of an intensity greater than three hundred (300) candle power, not more than a total of four (4) of the lamps on the front of a vehicle shall be lighted at any one time when upon a highway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 24; G.L. 1956, § 31-24-28 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 24; G.L. 1956, § 31-24-28 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-29. Maximum intensity of lights.

        Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, or flashing front direction signals which projects a beam of light of an intensity greater than three hundred (300) candle power, shall be directed so that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet (75´) from the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-29 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-29 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-30. Red lights in front prohibited.

        No person shall drive or move any vehicle or equipment upon any highway with any lamp or device on it displaying a red light visible from directly in front of the center of it. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by chapters 1 — 27 of this title. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-30 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-30 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-31. Flashing lights — Forward viewing or rotary beam lights.

        1. Flashing lights are prohibited, except on an authorized emergency vehicle, school bus, snow-removal equipment, or on any vehicle as a means for indicating a right or left turn. However, the requirements of § 31-24-33 shall be deemed to be satisfied if the vehicle is equipped with lamps at the front mounted at the same level, displaying simultaneously flashing white or amber lights, and at the rear mounted at the same level, and displaying simultaneously flashing red lights, all of which lights shall be visible from a distance of not less than five hundred feet (500´).
        2. Forward viewing or rotating beam lights may be installed on and shall be restricted to the following categories of vehicles, and these lights shall be of color designated:
          1. Emergency response vehicles of any fire, rescue, or ambulance department, fire chiefs, assistant fire chiefs, deputy chiefs, captains; any privately owned vehicle of any authorized volunteer member of a fire, rescue, or ambulance department; emergency management agency directors, assistant directors, assistant medical examiners and/or forensic pathologists of the office of state medical examiners; rescue vehicles, emergency response vehicles of the department of environmental management and the office of the state fire marshal; school buses; hospital emergency response vehicles; and two (2) American Red Cross disaster vehicles: Red, white and/or alternating flashing white;
          2. Wrecker trucks, service station trucks, state and town safety and maintenance vehicles; snowplows and tractors; light company trucks, telephone company trucks, water company trucks, oil company trucks, and other utilities’ trucks; vehicles of television, radio and press photographers; newspaper motor route carriers; rural mail carriers; all motor-propelled vehicles owned by the Northern Rhode Island REACT (radio emergency associated citizens team); all motor-propelled vehicles owned by or under contract to the Rhode Island department of transportation when on official state business; and vehicles marking the beginning and end of funeral processions: Amber, provided, however, that wrecker and transportation vehicles operated pursuant to a public utilities commission license, and roadside assistance vehicles of any type operated for that purpose by the American Automobile Association shall be permitted to use flashing amber lights at the front and rear of the vehicle, to be activated only in the course of providing assistance to or transportation for a disabled vehicle. A fee of twenty-five dollars ($25) shall be charged for the issuance of a flashing lights permit to every vehicle identified in this subsection, with the exception of flashing lights permits issued to state, town or fire district safety and maintenance vehicles, which shall not be charged a fee.
          3. Police units, state and local: Center rotating beam lights: Blue or red; Outboard mounted lights: Blue or red.
          4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-31 ; P.L. 1965, ch. 177, § 1; P.L. 1968, ch. 61, § 1; P.L. 1970, ch. 104, § 1; P.L. 1971, ch. 72, § 1; P.L. 1973, ch. 56, § 1; P.L. 1975, ch. 53, § 1; P.L. 1986, ch. 141, § 1; P.L. 1987, ch. 343, § 1; P.L. 1987, ch. 344, § 1; P.L. 1988, ch. 361, § 3; P.L. 1990, ch. 324, § 8; P.L. 1996, ch. 157, § 1; P.L. 1999, ch. 447, § 3; P.L. 2002, ch. 292, § 121; P.L. 2003, ch. 420, § 1; P.L. 2003, ch. 436, § 1; P.L. 2005, ch. 63, § 1; P.L. 2005, ch. 65, § 1; P.L. 2007, ch. 350, § 1; P.L. 2010, ch. 23, art. 9, § 7; P.L. 2018, ch. 76, § 1; P.L. 2018, ch. 90, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 25; G.L. 1956, § 31-24-31 ; P.L. 1965, ch. 177, § 1; P.L. 1968, ch. 61, § 1; P.L. 1970, ch. 104, § 1; P.L. 1971, ch. 72, § 1; P.L. 1973, ch. 56, § 1; P.L. 1975, ch. 53, § 1; P.L. 1986, ch. 141, § 1; P.L. 1987, ch. 343, § 1; P.L. 1987, ch. 344, § 1; P.L. 1988, ch. 361, § 3; P.L. 1990, ch. 324, § 8; P.L. 1996, ch. 157, § 1; P.L. 1999, ch. 447, § 3; P.L. 2002, ch. 292, § 121; P.L. 2003, ch. 420, § 1; P.L. 2003, ch. 436, § 1; P.L. 2005, ch. 63, § 1; P.L. 2005, ch. 65, § 1; P.L. 2007, ch. 350, § 1; P.L. 2010, ch. 23, art. 9, § 7; P.L. 2018, ch. 76, § 1; P.L. 2018, ch. 90, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 76, § 1, and P.L. 2018, ch. 90, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 76, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        P.L. 2018, ch. 90, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-32. Vehicles parked on lighted highways.

        Whenever a vehicle is lawfully parked upon a street or highway during the hours between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet (500´) upon the street or highway no lights need be displayed upon the parked vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-32 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-32 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-33. Vehicles stopped on unlighted highways.

        1. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent to it, whether attended or unattended, during the hours between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, and there is not sufficient light to reveal any person or object within a distance of five hundred feet (500´) upon the highway, the vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements:
          1. At least one lamp shall display a white or amber light visible from a distance of five hundred feet (500´) to the front of the vehicle;
          2. The same lamp or at least one (1) other lamp shall display a red light visible from a distance of five hundred feet (500´) to the rear of the vehicle; and
          3. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.
        2. The provisions of subsection (a) of this section shall not apply to a motor-driven cycle.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-33 ; P.L. 1959, ch. 138, § 1; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-33 ; P.L. 1959, ch. 138, § 1; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Flashing lights satisfying requirements of this section, § 31-24-31 .

        NOTES TO DECISIONS

        Instructions.

        Where instructions given to jury in personal injury action arising from automobile collision adequately stated the law on issues raised by the evidence and relevance of statute to those issues was questionable, failure of trial court to read statute to the jury was not prejudicial error. Perrault v. Hanson, 108 R.I. 247 , 274 A.2d 431, 1971 R.I. LEXIS 1255 (1971).

        Collateral References.

        Liability or recovery for automobile collision damage as affected by absence or insufficiency of lights on parked or standing vehicle. 61 A.L.R.3d 13.

        Liability or recovery in automobile negligence action as affected by motor vehicle’s being driven or parked without dimming lights. 63 A.L.R.3d 824.

        Stationary motor vehicle on or adjacent to highway, negligence in failing to set out flares or lights or station person to warn of. 67 A.L.R.2d 12.

        Stopping without lights as negligence toward driver of vehicle proceeding in the same direction. 24 A.L.R. 510; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-34. Dimming of head lamps on parked vehicles.

        Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-34 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 15; G.L. 1956, § 31-24-34 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Collateral References.

        Liability or recovery in automobile negligence action as affected by motor vehicle’s being driven or parked without dimming lights. 63 A.L.R.3d 824.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-35. Lamps on animal-drawn, farm, and road vehicles.

        All vehicles, including animal-drawn vehicles and including those referred to in § 31-23-3 not specifically required by this chapter to be equipped with lamps, shall at the times specified in § 31-24-1 be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet (500´) to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet (500´) to the rear. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 16; G.L. 1956, § 31-24-35 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 16; G.L. 1956, § 31-24-35 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-36. Vehicles requiring special lights and reflectors — Time of lighting.

        Those sections of this chapter which follow immediately, including §§ 31-24-37 — 31-24-44 , relating to clearance and marker lamps, reflectors, and stop lights, shall apply as stated in those sections to vehicles of the type enumerated in those sections, namely passenger buses, trucks, truck tractors, and certain trailers, semi-trailers, and pole trailers, respectively, when operated upon any highway. These vehicles shall be equipped as required, and all lamp equipment required shall be lighted at the times mentioned in § 31-24-1 , except that clearance and side marker lamps need not be lighted on the vehicle when operated within any municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet (500´). Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 8; G.L. 1956, § 31-24-36 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 8; G.L. 1956, § 31-24-36 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Collateral References.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load, or similar auxiliary lights. 62 A.L.R.3d 844.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-37. Clearance and marker lamps and reflectors.

        In addition to other equipment required in chapters 1 — 27 of this title, the following vehicles shall be equipped as follows under the conditions stated in § 31-24-36 .

        1. On every bus or truck, whatever its size, there shall be the following:
          1. On the rear, two (2) reflectors, one at each side; and
          2. On the rear, one stop light.
        2. On every bus or truck eighty inches (80") or more in overall width, in addition to the requirements in subdivision (1) of this section:
          1. On the front, two (2) clearance lamps, one at each side;
          2. On the rear, two (2) clearance lamps, one at each side;
          3. On each side, two (2) side marker lamps, one at or near the front and one at or near the rear;
          4. On each side, two (2) reflectors, one at or near the front and one at or near the rear.
        3. On every truck tractor:
          1. On the front, two (2) clearance lamps, one at each side;
          2. On the rear, one stop light.
        4. On every trailer or semi-trailer having a gross weight in excess of three thousand pounds (3,000 lbs.):
          1. On the front, two (2) clearance lamps, one at each side;
          2. On each side, two (2) side marker lamps, one at or near the front and one at or near the rear;
          3. On each side, two (2) reflectors, one at or near the front and one at or near the rear;
          4. On the rear, two (2) clearance lamps, one at each side;
          5. On the rear, two (2) reflectors, one at each side; and
          6. On the rear, one stop light.
        5. On every pole trailer in excess of three thousand pounds (3,000 lbs.) gross weight:
          1. On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side, and rear.
          2. On the rear of the pole trailer or load, two (2) reflectors, one at each side.
        6. On every trailer, semi-trailer, or pole trailer weighing three thousand pounds (3,000 lbs.) gross or less:
          1. On the rear, two (2) reflectors, one on each side. If any trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then the vehicle shall also be equipped with one stop light.
        7. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 9; G.L. 1956, § 31-24-37 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 9; G.L. 1956, § 31-24-37 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        Collateral References.

        Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load, or similar auxiliary lights. 62 A.L.R.3d 844.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-38. Color of clearance and marker lamps and reflectors.

        1. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
        2. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
        3. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate or the light emitted by a back up lamp shall be white.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 10; G.L. 1956, § 31-24-38 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 10; G.L. 1956, § 31-24-38 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-39. Mounting of reflectors.

        1. Reflectors.  When required by § 31-24-37 , reflectors shall be mounted at a height not less than twenty-four inches (24") and not higher than sixty inches (60") above the ground on which the vehicle stands. If the highest part of the permanent structure of the vehicle is less than twenty-four inches (24") the reflector at that point shall be mounted as high as that part of the permanent structure will permit.
        2. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
        3. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this chapter.
        4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 11; G.L. 1956, § 31-24-39 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 11; G.L. 1956, § 31-24-39 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-40. Mounting of clearance and side marker lamps.

        Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top of the vehicle as practicable. Clearance lamps and side marker lamps may be mounted in combination, provided illumination is given as required in this section with reference to both. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 11; G.L. 1956, § 31-24-40 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 11; G.L. 1956, § 31-24-40 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-41. Visibility of reflectors.

        Every reflector upon any vehicle referred to in § 31-24-37 shall be of a size, have characteristics, and be maintained so as to be readily visible at nighttime from all distances from fifty feet (50´) to five hundred feet (500´) from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-41 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-41 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-42. Visibility of front and rear clearance lamps.

        Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet (500´) from the front and rear, respectively, of the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-42 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-42 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-43. Visibility of side marker lamps.

        Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet (500´) from the side of the vehicle on which they are mounted. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-43 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 12; G.L. 1956, § 31-24-43 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-44. Obstructed lights not required.

        Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination. This shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 13; G.L. 1956, § 31-24-44 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 13; G.L. 1956, § 31-24-44 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-45. Projecting loads.

        Whenever the load upon any vehicle extends to the rear or front four feet (4´) or more beyond the bed or body of the vehicle, there shall be displayed at the extreme rear end or front of the load, at the time specified in § 31-24-1 , a red light or lantern plainly visible from a distance of at least five hundred feet (500´) to the sides, rear and front. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear or front end of such load a red flag or cloth not less than twelve inches (12") square and so hung that the entire area is visible to the driver of a vehicle approaching from either direction. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 14; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-24-45 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 14; P.L. 1952, ch. 2937, § 14; G.L. 1956, § 31-24-45 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main

        Collateral References.

        Liability for injury or damage caused by collision with portion of load projecting beyond rear or side of motor vehicle or trailer. 21 A.L.R.3d 371.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-46. Lights on snow removal equipment.

        1. The state traffic commission shall adopt standards and specifications applicable to head lamps, clearance lamps, identification, and other lamps on snow removal equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this chapter. The standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways.
        2. It shall be unlawful to operate any snow removal equipment on any highway unless the lamps on it comply with and are lighted when and as required by the standards and specifications adopted as provided in this section.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 26; G.L. 1956, § 31-24-46 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 26; G.L. 1956, § 31-24-46 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-47. Regulation and certification of lighting devices.

        1. The administrator of the division of motor vehicles is authorized to approve or disapprove lighting devices and to issue and enforce regulations establishing standards and specifications for the approval of such lighting devices, their installation, and aiming. The regulations shall correlate with and, so far as possible, conform to the current standards and specifications of the society of automotive engineers applicable to the equipment.
        2. The administrator of the division of motor vehicles is required to approve or disapprove any lighting device, of a type on which approval is specifically required in this chapter, within a reasonable time after the device has been submitted.
        3. The administrator of the division of motor vehicles is authorized to set up the procedure which shall be followed when any device is submitted for approval.
        4. The administrator of the division of motor vehicles upon approving a lamp or device, shall issue to the applicant a certificate of approval together with any instructions determined by him or her.
        5. The administrator of the division of motor vehicles shall publish lists of all lamps and devices by name and type which have been approved by him or her.
        6. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 28; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-47 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 28; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-47 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-48. Revocation of certification of lighting equipment.

        1. When the administrator of the division of motor vehicles has reason to believe that an approved device as being sold commercially does not comply with the requirements of this chapter, he or she may, after giving thirty (30) days’ previous notice to the person holding the certificate of approval for the device in this state, conduct a hearing upon the question of compliance of the approved device. After the hearing the administrator of the division of motor vehicles shall determine whether the approved device meets the requirements of this chapter. If the device does not meet the requirements of this chapter, the administrator shall give notice to the person holding the certificate of approval for the device in this state.
        2. If, at the expiration of ninety (90) days after the notice, the person holding the certificate of approval for the device has failed to satisfy the administrator of the division of motor vehicles that the approved device as thereafter to be sold meets the requirements of this chapter, the administrator of the division of motor vehicles shall suspend or revoke the approval issued for it until or unless the device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this chapter, and may require that all the devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this chapter. The administrator of the division of motor vehicles may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of the approved devices, and if the device upon a retest fails to meet the requirements of this chapter, the administrator of the division of motor vehicles may refuse to renew the certificate of approval of the device.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 29; G.L. 1956, § 31-24-48 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 29; G.L. 1956, § 31-24-48 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-49. Approval of lighting equipment required.

        No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer or use upon any such vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector which reflector is required by this chapter or parts of any of these which tend to change the original design or performance, unless of a type which has been submitted to and approved by the administrator of the division of motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        (b) The administrator shall approve a flashing amber light configuration for use in funeral processions.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-49 ; P.L. 2002, ch. 292, § 121; P.L. 2003, ch. 420, § 1; P.L. 2003, ch. 436, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-49 ; P.L. 2002, ch. 292, § 121; P.L. 2003, ch. 420, § 1; P.L. 2003, ch. 436, § 1.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-50. Trademark or name shown on equipment.

        No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer any lamp or device mentioned in § 31-24-49 which has been approved by the administrator of the division of motor vehicles unless the lamp or device bears on it the trademark or name under which it is approved so as to be legible when installed. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-50 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-50 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-51. Mounting and adjustment of lamps.

        No person shall use upon any motor vehicle, trailer, or semi-trailer any lamps mentioned in § 31-24-49 unless the lamps are mounted and adjusted as to focus and aim in accordance with instructions of the administrator of the division of motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-51 ; P.L. 2002, ch. 292, § 121.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 34, § 27; P.L. 1954, ch. 3291, § 1; G.L. 1956, § 31-24-51 ; P.L. 2002, ch. 292, § 121.

        >>>>>>> origin/main 31-24-52. Hazard switch for flashing lights.

        1. All new automobiles and automobiles for hire sold in Rhode Island beginning with the 1969 models shall be provided with a hazard switch so as to produce a constant flashing light when the switch is activated. The switch shall be activated by the operator whenever any vehicle becomes disabled on any street or highway. The switch may be attached to the directional signal apparatus.
        2. Nothing in this section shall affect regulations of the interstate commerce commission.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1967, ch. 149, §§ 1, 2; P.L. 2000, ch. 109, § 69; P.L. 2002, ch. 292, § 121.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-53. Safety lights required on food vending vehicles.

        No person engaged as an itinerant vendor of food items from a motor vehicle operated, or caused to be operated by him or her, upon the public streets or highways of the state of Rhode Island, shall operate the motor vehicle or cause the motor vehicle to be operated for the purpose of vending food items upon the city streets or highways unless the motor vehicle shall have been equipped with two (2) flashing lights, one yellow located on the front bumper and one red on the rear bumper of it, except those vehicles which have flashing warning lights as standard equipment. When the motor vehicle shall have been stopped for the purpose of the intended itinerary business, they shall continue flashing as a warning of its position to all approaching vehicular traffic. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1972, ch. 131, § 1; P.L. 2002, ch. 292, § 121.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-24-54. Strobe lights on school buses.

        All new school buses, as defined in § 31-1-3 , shall at all times be equipped with a rear-viewing, rear-mounted white flashing strobe light, meeting the following requirements:

        1. A white flashing strobe light will be installed on the roof of a school bus; at a point not to exceed one-third (1/3) the body length forward from the rear of the roof edge;
        2. The strobe light will have a single clear lens emitting light three hundred sixty (360) degrees around its vertical axis and may not extend above the roof more than maximum legal height;
        3. The light will not exceed nine inches (9") in height or nine inches (9") in diameter;
        4. A manual switch and a pilot light will be included to indicate when light is in operation;
        5. The strobe light will be wired to activate with the amber alternately flashing signal lamps, continuing through the full loading or unloading cycle, with an override switch. The strobe light shall not be activated while the bus is moving; and
        6. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2000, ch. 487, § 1; P.L. 2002, ch. 292, § 121; P.L. 2004, ch. 6, § 18; P.L. 2005, ch. 410, § 16; P.L. 2005, ch. 426, § 1.

        Chapter 25 Size, Weight, and Load Limits

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-1. Compliance with chapter required.

          1. Except in reference to §§ 31-25-16 and 31-25-27 where it shall be considered a violation, it is a civil violation for any carrier to drive or move or to cause or permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter, and the maximum size and weight of vehicles specified in this chapter shall be lawful throughout this state. Local authorities shall have no power or authority to alter the limitations except as express authority may be granted in this chapter.
          2. “Carrier” includes any company or person who furthers their commercial or private enterprise by use of the vehicle.
        2. The director of the department of transportation shall promulgate rules and regulations and requirements consistent with this chapter for the application and issuance of permits for overweight and oversize vehicles or loads.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 1; G.L. 1956, § 31-25-1 ; P.L. 1985, ch. 277, § 1; P.L. 1985, ch. 437, § 1; P.L. 1988, ch. 412, § 1; P.L. 1999, ch. 218, art. 6, § 13; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 1; G.L. 1956, § 31-25-1 ; P.L. 1985, ch. 277, § 1; P.L. 1985, ch. 437, § 1; P.L. 1988, ch. 412, § 1; P.L. 1999, ch. 218, art. 6, § 13; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanors, § 31-27-13 .

        Comparative Legislation.

        Size, weight, and load limits:

        Conn. Gen. Stat. § 14-262 et seq.

        Mass. Ann. Laws ch. 85, § 30 et seq.; ch. 90, § 19 et seq.

        Collateral References.

        Construction and application of statute or ordinance designed to prevent use of vehicles or equipment thereof injurious to the highway. 134 A.L.R. 550.

        Construction and operation of statutes or regulations restricting the weight of motor vehicles or their loads. 45 A.L.R.3d 503.

        Interstate commerce clause or federal legislation thereunder as affecting state regulations as to size, dimensions, and weight of motor vehicle carriers. 135 A.L.R. 1362.

        Size or weight of automobile or load involved in accident as factor in determining responsibility. 85 A.L.R. 1173.

        Weight of automobile or load thereon, limitation on, with respect to use of highways. 75 A.L.R.2d 376.

        Weight or size, exclusion of vehicles from certain streets on basis of. 121 A.L.R. 586.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-2. Vehicles exempt from limitations.

        1. The provisions of this chapter governing size, weight, and load shall not apply to:
          1. Road machinery;
          2. Farm vehicles, including farm tractors, temporarily moved upon a highway;
          3. Any vehicle owned and operated by the Rhode Island public transit authority that is designed for carrying passengers and is comprised of two (2) sections permanently joined by a hinge mechanism or an articulated joint that allows vertical and horizontal movement and a passage for riders moving from one section to the other;
          4. A vehicle operated under the terms of a special permit issued as provided in this chapter;
          5. Covered heavy-duty tow and recovery vehicles;
          6. Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.) on a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single-drive axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds (52,000 lbs.) on a tandem rear drive steer axle; or
          7. Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a comparable diesel tank and fueling system.
        2. The provisions of this chapter governing size, weight, and load shall not apply to fire apparatus acquired by a city or town within this state prior to July 1, 1999.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 2; G.L. 1956, § 31-25-2 ; P.L. 1983, ch. 236, § 1; P.L. 1999, ch. 209, § 1; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 2; G.L. 1956, § 31-25-2 ; P.L. 1983, ch. 236, § 1; P.L. 1999, ch. 209, § 1; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 39, § 2, and P.L. 2018, ch. 45, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 39, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        P.L. 2018, ch. 45, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        Cross References.

        Exemption of refuse vehicles from axle weight restrictions, § 31-25-29 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-3. Maximum width.

        The total outside width of any vehicle or the load on it shall not exceed one hundred two inches (102") excluding any safety and noncargo carrying appurtenances on either motorized campers or camping recreational vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 2; G.L. 1956, § 31-25-3 ; P.L. 2002, ch. 292, § 122; P.L. 2004, ch. 308, § 2; P.L. 2004, ch. 380, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 2; G.L. 1956, § 31-25-3 ; P.L. 2002, ch. 292, § 122; P.L. 2004, ch. 308, § 2; P.L. 2004, ch. 380, § 2.

        >>>>>>> origin/main 31-25-4. Maximum height.

        No vehicle including any load on it shall exceed a height of one hundred sixty-two inches (162"). Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-4 ; P.L. 1965, ch. 52, § 1; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-4 ; P.L. 1965, ch. 52, § 1; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main 31-25-5. Maximum length of single vehicle and load.

        No vehicle, including any load on it, except Rhode Island public transit authority articulated buses, shall exceed a length of forty feet (40´) extreme overall dimension inclusive of front and rear bumpers, or in the case of a motor bus, motorized camper or camping recreational vehicle forty-five feet (45´).

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-5 ; P.L. 1983, ch. 213, § 1; P.L. 1999, ch. 500, § 1; P.L. 2004, ch. 308, § 2; P.L. 2004, ch. 380, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-5 ; P.L. 1983, ch. 213, § 1; P.L. 1999, ch. 500, § 1; P.L. 2004, ch. 308, § 2; P.L. 2004, ch. 380, § 2.

        >>>>>>> origin/main 31-25-6. Maximum number and length of coupled vehicles.

        1. No combination of vehicles coupled together shall consist of more than three (3) units, a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted in overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in combination, the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28´ 6"), excluding bumpers and accessories. Provided, however, that combinations of vehicles consisting of three (3) units shall be permitted to operate only on the interstate highway system and on those highways, streets, and roads designated by the director of the department of transportation.
        2. Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53´) in length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be restricted to an overall length limitation of less than eighty-two feet (82´). Semi-trailers exceeding forty-eight and one-half feet (48´ 6") shall be permitted to operate only on the interstate highway system and on those highways, streets, and roads designated by the director of the department of transportation. Exceptions to the requirements of this section include the use of a pole trailer and combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-7 and 31-25-8 . The provision that no combination of vehicles coupled together shall consist of more than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are used, and equipment used in the combination is approved by Part 393.71 of the federal motor carrier safety regulations, 49 C.F.R. § 393.71, and safety regulations of the division of motor vehicles of the department of revenue of the state of Rhode Island as this federal and/or state legislation may be amended or revised from time to time. Any owner or operator found deviating from the approval permitted routes shall be fined a minimum mandatory fine of five hundred dollars ($500), but not more than one thousand dollars ($1,000).
        3. The distance from the kingpin of the trailer to the center of the rear axle may not exceed forty-one feet (41´).
        4. Fifty-three foot (53´) trailers shall be equipped with a rear-end protection device of substantial construction consisting of a continuous lateral beam extending to within four inches (4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") from the surface of the road as measured with the vehicle empty and on level surface.
        5. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-6 ; P.L. 1965, ch. 52, § 2; P.L. 1981, ch. 27, § 1; P.L. 1983, ch. 213, § 1; P.L. 1994, ch. 391, § 1; P.L. 1995, ch. 127, § 1; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 292, § 122; P.L. 2005, ch. 77, § 6; P.L. 2005, ch. 82, § 6; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 3; G.L. 1956, § 31-25-6 ; P.L. 1965, ch. 52, § 2; P.L. 1981, ch. 27, § 1; P.L. 1983, ch. 213, § 1; P.L. 1994, ch. 391, § 1; P.L. 1995, ch. 127, § 1; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 292, § 122; P.L. 2005, ch. 77, § 6; P.L. 2005, ch. 82, § 6; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 39, § 2, and P.L. 2018, ch. 45, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 39, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        P.L. 2018, ch. 45, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        Collateral References.

        Dimensions of combination of motor vehicles, validity of statutes as to. 86 A.L.R. 281.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-7. Front and rear extensions of load.

        Subject to the provisions of this chapter limiting the length of vehicles and loads, the load upon any vehicle, operated alone or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3´) beyond the foremost part of the vehicle, and the load upon any vehicle, operated alone or the load upon the rear vehicle of a combination of vehicles, shall not extend more than six feet (6´) beyond the rear of the bed or body of the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 4; G.L. 1956, § 31-25-7 ; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 4; G.L. 1956, § 31-25-7 ; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main 31-25-8. Pole trailers.

        The limitations as to the length of vehicles and loads stated in §§ 31-25-5 and 31-25-6 shall not apply to any load upon a pole trailer as defined in § 31-1-5 when transporting poles or pipes or structural material which cannot be dismembered, provided that no pole or pipe or other material exceeding eighty feet (80´) in length shall be so transported unless a permit has first been obtained as authorized in § 31-25-21 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 4; G.L. 1956, § 31-25-8 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 4; G.L. 1956, § 31-25-8 .

        >>>>>>> origin/main 31-25-9. Prevention of leakage of load.

        No vehicles shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from it. However, sand may be dropped for the purpose of securing traction, or water or another substance may be sprinkled on a roadway in cleaning or maintaining the roadway. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 5; G.L. 1956, § 31-25-9 ; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 5; G.L. 1956, § 31-25-9 ; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main 31-25-10. Fastening of load and covering.

        1. No person shall operate on any highway any vehicle with any load unless the load and any covering on it is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
        2. No motor truck trailer or semitrailer which is used for the purpose of hauling logs, pulpwood, lumber, or other materials which by their very nature may shift or roll so as to be likely to fall from the vehicle, shall be operated or moved over any highway unless its load is securely fastened to the vehicle by chains, cables, or other approved devices as will effectively prevent the shifting of the load or any part of it falling from the vehicle. The ends of the chains, cables, or other devices and any tire chains shall be tied securely, whether the vehicle is loaded or unloaded, so that loose ends shall not endanger pedestrians or other vehicles encountered on the highway.
        3. This section shall not be construed to include a truck transporting lumber, wood, or sawmill wastes, when transported in a box type body with solid sides, provided that the truck is not loaded higher than its side-boards.
        4. A person who violates the provisions of this section shall be fined:
          1. Not more than one hundred dollars ($100) for the first violation; and
          2. Not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for any subsequent violations.
        5. No person shall operate a motor truck or other vehicle carrying or transporting any rubbish, refuse, or other debris on any highway without first securely fastening a covering on it to prevent the contents from falling to the highway. No person shall operate on any highway any vehicle with any load unless the load and any covering on it is securely fastened so as to prevent that covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
        6. No person shall operate an open motor truck or other similar vehicle while carrying or transporting any child under sixteen (16) years of age without securely fastening the child to prevent them from becoming loose or detached in any manner.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 5; G.L. 1956, § 31-25-10 ; P.L. 1966, ch. 270, § 1; P.L. 1973, ch. 119, § 1; P.L. 1974, ch. 31, § 1; P.L. 1975, ch. 17, § 1; P.L. 1986, ch. 271, § 1; P.L. 1988, ch. 410, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 5; G.L. 1956, § 31-25-10 ; P.L. 1966, ch. 270, § 1; P.L. 1973, ch. 119, § 1; P.L. 1974, ch. 31, § 1; P.L. 1975, ch. 17, § 1; P.L. 1986, ch. 271, § 1; P.L. 1988, ch. 410, § 1.

        >>>>>>> origin/main 31-25-11. Connections between coupled vehicles.

        When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull all weight towed by it and the drawbar or other connection shall not exceed fifteen feet (15´) from one vehicle to the other, except the connection between any two (2) vehicles transporting poles, pipe, machinery, or other objects of structural nature which cannot readily be dismembered. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 6; G.L. 1956, § 31-25-11 ; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 6; G.L. 1956, § 31-25-11 ; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main

        Collateral References.

        Liability for injury incident to towing automobile. 30 A.L.R. 750; 30 A.L.R.2d 1019.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-12. Flags on tow chains.

        When one vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon the connection a white flag or cloth not less than twelve inches (12") square. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 6; G.L. 1956, § 31-25-12 ; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 6; G.L. 1956, § 31-25-12 ; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main 31-25-12.1. Vehicles to be towed in right lane.

        1. When a tow truck or other vehicle is towing another vehicle, except those vehicles designed to be in combination, in this state upon any public highway divided into two (2) or more clearly marked lanes for travel in the same direction, it shall be unlawful to tow except in the right lane of travel on a two (2) line highway, and in the two (2) right lanes of travel on a highway with three (3) or more lanes.
        2. Any person who violates the provisions of this section shall, upon conviction, be fined in accordance with the penalties provided in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1983, ch. 231, § 1; P.L. 1996, ch. 348, § 1; P.L. 2002, ch. 292, § 122; P.L. 2008, ch. 100, art. 12, § 11.

        <<<<<<< HEAD
        =======

        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-13. Axle load limit.

        1. The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.).
        2. For the purposes of this chapter, “axle load” is defined as the total load transmitted to the road by all wheels whose centers are included between two (2) parallel transverse vertical planes forty inches (40") apart, extending across the full width of the vehicle.
        3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 7; G.L. 1956, § 31-25-13 ; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 7; G.L. 1956, § 31-25-13 ; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main

        Cross References.

        Exemption of refuse vehicles from axle weight restrictions, § 31-25-29 .

        Collateral References.

        Construction and operation of statutes or regulations restricting the weight of motor vehicles or their loads. 45 A.L.R.3d 503.

        Weight of automobile or load thereon, limitations on, with respect to use of highways. 75 A.L.R.2d 376.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-14. Maximum weight and tandem axles.

        1. It shall be unlawful to transport or operate over or upon any public highway in this state any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty-six thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8´).
        2. With respect to all public highways, the overall gross weight on a group of two (2) or more consecutive axles of a vehicle or combination of vehicles, shall be determined by the following bridge gross weight formula: <<<<<<< HEAD W = 500 [(LN / (N-1) ) + 12N + 36] =======

          W = 500 [(LN / (N-1) ) + 12N + 36]

          >>>>>>> origin/main where W = the overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds (500 lbs.); L = the distance in feet between the extremes of any group of two (2) or more consecutive axles; and N = the number of axles in the group under consideration. This overall gross weight of any vehicle or combination of vehicles may not exceed eighty thousand pounds (80,000 lbs.) except as specified in §§ 31-25-1 , 31-25-2 , and 31-25-2 1.

        3. In any calculation using the formula in subsection (b) of this section in which the tandem axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds (36,000 lbs.) shall be considered the legal limit. Single axle limits shall be as defined in § 31-25-13 . Nothing in this chapter shall be construed to abrogate any of the “grandfather rights” in existence as of April 1, 1989.
        4. Penalties.
          1. Any carrier, as defined in § 31-25-16 , operating a vehicle or combination of vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be fined one hundred twenty-five dollars ($125).
          2. Any carrier, as defined in § 31-25-16 , operating a vehicle or combination of vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.) single axle limits as cited in § 31-25-13 , shall be fined one hundred twenty-five dollars ($125).
          3. Any carrier, as defined in § 31-25-16, operating a vehicle or combination of vehicles that exceeds the bridge gross weight formula, as defined in this section, shall be fined one hundred twenty-five dollars ($125).

        History of Section. P.L. 1950, ch. 2595, art. 35, § 8; P.L. 1950 (s.s.), ch. 2639, § 6; G.L. 1956, § 31-25-14 ; P.L. 1984, ch. 429, § 1; P.L. 1988, ch. 195, § 1; P.L. 1990, ch. 170, § 1; P.L. 1992, ch. 345, § 1; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 58, § 5.

        <<<<<<< HEAD
        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 8; P.L. 1950 (s.s.), ch. 2639, § 6; G.L. 1956, § 31-25-14 ; P.L. 1984, ch. 429, § 1; P.L. 1988, ch. 195, § 1; P.L. 1990, ch. 170, § 1; P.L. 1992, ch. 345, § 1; P.L. 2001, ch. 86, § 86; P.L. 2002, ch. 58, § 5.

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        Cross References.

        Exemption of refuse vehicles from axle weight restrictions, § 31-25-29 .

        Collateral References.

        Construction and operation of statutes or regulations restricting the weight of motor vehicles or their loads. 45 A.L.R.3d 503.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-15. Investigations as to safety of buses, trucks, and trailers.

        The administrator of the division of motor vehicles upon registering any truck, truck tractor, or semi-trailer under the laws of this state, or any bus for the transportation of ten (10) or more persons, may require any information and may make any investigation or test as necessary to enable him or her to determine whether the vehicle may safely be operated upon the highways in compliance with all the provisions of chapters 1 — 27 of this title. The administrator shall register the vehicle for a permissible gross weight not exceeding the limitations set forth in chapters 1 — 27 of this title.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 9; G.L. 1956, § 31-25-15 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 9; G.L. 1956, § 31-25-15 .

        >>>>>>> origin/main 31-25-16. Authorized weight shown in registration — Exceeding limit.

        1. The administrator of the division of motor vehicles shall insert in the registration card issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that registered or permitted by the administrator of the division of motor vehicles, or in excess of the limitations set forth in this chapter.
        2. For the purposes of this section, “carrier” means and includes any company or person who furthers their commercial or private enterprise by use of the vehicle.
          1. Penalties for violations of this section will be calculated on the registered or permitted weight in comparison to the actual weight and shall be heard and adjudicated at the traffic tribunal.
          2. The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross vehicle weight or less shall be eighty-five dollars ($85.00) per thousand pounds overweight or portion of it.
          3. The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand pounds overweight or portion of it.
          4. The overweight penalty for vehicles being operated in excess of one hundred four thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty-five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) of this section.

        History of Section. P.L. 1950, ch. 2595, art. 35, § 9; G.L. 1956, § 31-25-16 ; P.L. 1983, ch. 213, § 1; P.L. 1985, ch. 437, § 1; P.L. 1985, ch. 445, § 1; P.L. 1991, ch. 287, § 1; P.L. 1995, ch. 126, § 1; P.L. 1999, ch. 218, art. 6, § 13; P.L. 2002, ch. 58, § 5; P.L. 2008, ch. 100, art. 12, § 11.

        <<<<<<< HEAD
        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 9; G.L. 1956, § 31-25-16 ; P.L. 1983, ch. 213, § 1; P.L. 1985, ch. 437, § 1; P.L. 1985, ch. 445, § 1; P.L. 1991, ch. 287, § 1; P.L. 1995, ch. 126, § 1; P.L. 1999, ch. 218, art. 6, § 13; P.L. 2002, ch. 58, § 5; P.L. 2008, ch. 100, art. 12, § 11.

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Right to Jury Trial.

        This section specifically provides that any order or determination made by the administrative adjudication division (now traffic tribunal) shall be considered “civil in nature”. Civil actions do not give rise to a right to jury trial pursuant to R.I. Const., art. 1, § 10 . Calore Freight Sys. v. Department of Transp., 576 A.2d 1214, 1990 R.I. LEXIS 126 (R.I. 1990) (decided prior to 1994 reenactment).

        =======
        Right to Jury Trial.

        This section specifically provides that any order or determination made by the administrative adjudication division (now traffic tribunal) shall be considered “civil in nature”. Civil actions do not give rise to a right to jury trial pursuant to R.I. Const., art. 1, § 10 . Calore Freight Sys. v. Department of Transp., 576 A.2d 1214, 1990 R.I. LEXIS 126 (R.I. 1990) (decided prior to 1994 reenactment).

        >>>>>>> origin/main 31-25-17. Identification of trucks and truck-tractors.

        1. Every motor truck and every truck-tractor exceeding a gross vehicle weight or gross combination weight of ten thousand pounds (10,000 lbs.) shall be identified with the name, trade name, or company identifying logo and the city and state of the owner and operating carrier, or individual transporting property, when that transportation is for the furtherance of any commercial enterprise. However, in lieu of the city and state, one of the following may be displayed on the vehicle:
          1. The interstate commerce commission number if a regulated interstate carrier; or
          2. An identifying number issued by an official state agency.
        2. The display of identification prescribed by this section shall be in letters in sharp color contrast to the background and be of such size, shape, and color as to be readily legible, during daylight hours, from a distance of fifty feet (50´) while the vehicle is not in motion. The display of identification may be accomplished through the use of a removable device so prepared as to otherwise meet the identification requirements and legibility requirements of this section, if the vehicle is operated by any company or carrier. Nothing in this section shall prohibit the display of additional identification as may be required by other laws of this state or any other state, or agency or department of the federal government.
        3. Penalties for violations of this section shall be handled by the traffic tribunal and the fines shall be as provided for in § 31-41.1-4 .
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1984, ch. 161, § 2; P.L. 2002, ch. 58, § 5; P.L. 2008, ch. 100, art. 12, § 11.

        Repealed Sections.

        The former section (P.L. 1950, ch. 2595, art. 35, § 9; G.L. 1956, § 31-25-17 ), concerning marking of trucks and trailers as to authorized weights, was repealed by P.L. 1984, ch. 161, § 1, effective January 1, 1985.

        <<<<<<< HEAD
        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        =======

        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        >>>>>>> origin/main 31-25-18. Weighing of suspected overweight vehicles.

        Any proper officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales, and may require that the vehicle be driven to the nearest available stationary scales.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-18 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-18 .

        >>>>>>> origin/main 31-25-19. Removal of excess from overweight vehicles.

        Whenever a proper officer upon weighing a vehicle and load, as provided in § 31-25-18 , determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to such a limit as permitted under this chapter. All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-19 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-19 .

        >>>>>>> origin/main 31-25-20. Refusal to submit to weighing or removal of excess load.

        Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by a proper officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of §§ 31-25-18 and 31-25-19 , shall, upon conviction, be fined not less than one hundred dollars ($100) and not more than two hundred-fifty dollars ($250).

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-20 ; P.L. 1986, ch. 282, § 2; P.L. 1988, ch. 284, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 10; G.L. 1956, § 31-25-20 ; P.L. 1986, ch. 282, § 2; P.L. 1988, ch. 284, § 1.

        >>>>>>> origin/main

        Cross References.

        Misdemeanors, penalty, § 31-27-13 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-21. Power to permit excess size or weight of loads.

        1. The department of transportation, with respect to highways under its jurisdiction, may, in its discretion, upon application in writing and good cause being shown for it, approve the issuance of a special permit in writing by the division of motor vehicles authorizing the applicant to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the provisions of chapters 1 — 27 of this title upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible. Permits that have been issued for a full year shall not be required to be renewed for the period of time for which payment has been made and the application and other required documentation has been completed and filed. Provided, that neither the department of transportation nor the local authorities may approve the issuance of permits for divisible loads weighing in excess of one hundred four thousand-eight hundred pounds (104,800 lbs.), gross vehicle weight, for five-axle (5) vehicles and seventy-six thousand six hundred fifty pounds (76,650 lbs.), gross vehicle weight, for three-axle (3) vehicles.
          1. Provided, however, that for milk products, any vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.
        2. The director of the department of transportation may enter into agreements with other states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the agreement.
        3. Trip permit fee.  A fee of forty dollars ($40.00) shall be paid to the division of motor vehicles for the issuance of each non-reducible vehicle or load permit; provided, however, applicants seeking a permit for a non-divisible load exceeding one hundred thirty thousand pounds (130,000 lbs.) shall pay a fee of three hundred dollars ($300.00) to the division of motor vehicles for consideration of a special trip permit approved by the department of transportation pursuant to subsection (e).
        4. Annual fee.  An annual fee of four hundred dollars ($400) paid to the division of motor vehicles shall exempt the payor from the necessity of paying trip permit fees for non-divisible loads of less than one hundred thirty thousand pounds (130,000 lbs.) as found in subsection (c). However, payment of the fee shall not be deemed to authorize non-compliance with the rules and regulations promulgated by the department of transportation entitled “State of Rhode Island Manual for Overweight and Oversize Vehicle Permits.”
        5. Blanket construction equipment permits may be issued, as determined by the department of transportation, for intrastate movement of non-reducible loads upon payment of the fee set forth in subsection (d). The duration of the blanket permit may not exceed one year, and the construction equipment permit load shall be limited to a minimum overall length of fifty-five feet (55´), a maximum overall length of eighty feet (80´), and a maximum width of twelve feet four inches (12´ 4"), provided that neither the division of motor vehicles nor local authorities may issue blanket permits for non-divisible loads weighing in excess of one hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with individual axle weights exceeding twenty-five thousand pounds (25,000 lbs.); provided, further, that the department of transportation, with respect to highways under its jurisdiction, may, in its discretion and upon application and for good cause shown, approve the issuance of a special trip permit authorizing the applicant to exceed one hundred thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing amber light shall be in operation above the highest point of the vehicle and shall be visible from both the front and rear of the vehicle; and signs and red warning flags shall be affixed to all extremities. All blanket permits issued in accordance with this section shall be effective during daylight and night-time hours for all over-dimensional moves made and travel shall be allowed on state highways. The following restrictions on travel times shall apply to:
          1. Freeways — in general. <<<<<<< HEAD

            =======

            >>>>>>> origin/main No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm and 7:00 pm on any day of the week.

          2. Arterial roadways. <<<<<<< HEAD

            =======

            >>>>>>> origin/main No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm and 7:00 pm, Monday through Friday.

          3. Holidays. <<<<<<< HEAD

            Memorial Day, Victory Day, Labor Day and Columbus Day — No Saturday, Sunday, or Monday day or night travel.

            Thanksgiving Day — No Wednesday night or Thursday day or night travel. No travel on Wednesday through Sunday of Thanksgiving week in any calendar year.

            Independence Day, Veterans Day, Christmas Day — No day or night travel and no travel the previous night.

            =======

            Memorial Day, Victory Day, Labor Day and Columbus Day — No Saturday, Sunday, or Monday day or night travel.

            Thanksgiving Day — No Wednesday night or Thursday day or night travel. No travel on Wednesday through Sunday of Thanksgiving week in any calendar year.

            Independence Day, Veterans Day, Christmas Day — No day or night travel and no travel the previous night.

            >>>>>>> origin/main Easter Sunday. No Saturday night or Sunday travel.

        6. Construction equipment blanket permits shall not be granted for travel over the following bridges: <<<<<<< HEAD

          Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the Blackstone River;

          =======

          Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the Blackstone River;

          >>>>>>> origin/main Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston Road.

        7. Travel of blanket permitted construction equipment through zones with reductions in lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders are responsible to verify the location of construction zones and lane width reductions. Locations of lane width reduction zones are available through the state department of transportation’s construction office.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-21 ; P.L. 1983, ch. 213, § 1; P.L. 1987, ch. 456, § 1; P.L. 1993, ch. 138, art. 85, § 1; P.L. 1996, ch. 346, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22; P.L. 2008, ch. 230, § 1; P.L. 2008, ch. 410, § 1; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2; P.L. 2019, ch. 88, art. 8, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-21 ; P.L. 1983, ch. 213, § 1; P.L. 1987, ch. 456, § 1; P.L. 1993, ch. 138, art. 85, § 1; P.L. 1996, ch. 346, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22; P.L. 2008, ch. 230, § 1; P.L. 2008, ch. 410, § 1; P.L. 2018, ch. 39, § 2; P.L. 2018, ch. 45, § 2; P.L. 2019, ch. 88, art. 8, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2018, ch. 39, § 2, and P.L. 2018, ch. 45, § 2 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2018, ch. 39, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        P.L. 2018, ch. 45, § 3 provides that the amendment to this section by that act takes effect on January 1, 2019.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-22. Application for excess load permit.

        1. The application for an excess load permit pursuant to § 31-25-21 shall specifically describe the vehicle or vehicles and load to be operated or moved, and the particular highways for which the permit to operate is requested and whether the permit is requested for a single trip or for continuous operation.
        2. For continuous operation of divisible loads, specifically described vehicle or vehicles must be certified originally by the manufacturer of them to possess the braking and carrying capacity for the weight specified on the application.
        3. Upon approval of the application or renewal of divisible load permits, the department of revenue shall provide identification devices to be placed on the lower left corner of the driver's side of the windshield for trucks and tractors and on the front left corner of the driver's side for trailers.
        4. Any motor carrier that has been granted a divisible load permit and has not displayed a sticker as required in subsection (c) of this section shall be subject to a fine not exceeding fifty dollars ($50.00) for the first offense or not exceeding one hundred dollars ($100) for subsequent offenses.
        5. Divisible load permit fees for Rhode Island registered vehicles are reflected in the registration fee as enumerated in § 31-6-1(a)(2)
        6. Divisible load permit fees for out-of-state registered vehicles are as follows: <<<<<<< HEAD =======

          Trailers $100 flat fee 2, 3, or 4 axle trucks $50.00 per 1,000 pounds over legal limit maximum $1,500 for 76,650 pounds Tractors $50.00 per 1,000 over legal limit maximum $1,250 for 104,800 pounds. Transfer fee $10.00

          Click to view

          >>>>>>> origin/main
        7. For the purpose of this section, the "legal limit" is defined as the maximum weight as calculated by the Bridge Formula.
        <<<<<<< HEAD

        Trailers $100 flat fee 2, 3, or 4 axle trucks $50.00 per 1,000 pounds over legal limit maximum $1,500 for 76,650 pounds Tractors $50.00 per 1,000 over legal limit maximum $1,250 for 104,800 pounds. Transfer fee $10.00

        Click to view

        History of Section. P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-22 ; P.L. 1983, ch. 213, § 1; P.L. 1992, ch. 147, § 1; P.L. 1993, ch. 138, art. 85, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-22 ; P.L. 1983, ch. 213, § 1; P.L. 1992, ch. 147, § 1; P.L. 1993, ch. 138, art. 85, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        >>>>>>> origin/main 31-25-23. Conditions and restrictions on excess load permits.

        1. The department of revenue or local authority is authorized to issue or withhold a permit at its discretion, or if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the described vehicles may be operated on the indicated highways, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces, or structures, and may require any undertaking or other security that may be deemed necessary to compensate for any injury to any roadway or road structure.
        2. Whenever a permit is issued by the department of revenue or local authority for continuous operation, the permit shall not be issued for a period in excess of the registration date of the subject vehicle.
        3. Upon re-registration of the subject vehicle, permits shall be issued by the department of revenue or local authority, upon the re-certification of the braking and carrying capacity of the subject vehicle as specified on the expired permit.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-23 ; P.L. 1983, ch. 213, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-23 ; P.L. 1983, ch. 213, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        >>>>>>> origin/main

        Cross References.

        Exemption of refuse vehicles from axle weight restrictions, § 31-25-29 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-24. Carrying and inspection of excess load permits.

        Every permit issued under §§ 31-25-21 — 31-25-23 shall be carried in the vehicle to which it refers and shall be open to inspection by any proper officer or authorized agent of any authority granting the permit. No person shall violate any of the terms or conditions of the special permit. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-24 ; P.L. 2002, ch. 292, § 122.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 11; G.L. 1956, § 31-25-24 ; P.L. 2002, ch. 292, § 122.

        >>>>>>> origin/main 31-25-25. Seasonal weight restrictions by local authorities.

        1. Local authorities with respect to highways under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon a highway or impose restrictions as to the weight of vehicles to be operated upon a highway, for a total period of not to exceed ninety (90) days in any one calendar year, whenever the highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles on it is prohibited or the permissible weights of them is reduced.
        2. The local authority enacting the ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected by it, and the ordinance or resolution shall not be effective unless and until the signs are erected and maintained.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-25 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-25 .

        >>>>>>> origin/main

        Cross References.

        Regulation by local authorities, § 31-12-12 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-26. Prohibition of commercial vehicles by local authorities.

        Local authorities with respect to highways under their jurisdiction may, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight of those vehicles on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on the highways. For the purposes of this section, a suburban vehicle, as defined in § 31-1-3 , shall not be deemed to be a truck or commercial vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-26 ; P.L. 1964, ch. 214, § 2; P.L. 1966, ch. 128, § 1; P.L. 2004, ch. 6, § 19; P.L. 2005, ch. 410, § 17.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-26 ; P.L. 1964, ch. 214, § 2; P.L. 1966, ch. 128, § 1; P.L. 2004, ch. 6, § 19; P.L. 2005, ch. 410, § 17.

        >>>>>>> origin/main

        Cross References.

        Regulation by local authorities, § 31-12-12 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27. Weight restrictions.

        1. State Highways.  The state traffic commission shall likewise have authority, as granted to local authorities in this chapter, to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of the commission, and the restrictions shall be effective when signs giving notice of them are erected upon the highway or portion of any highway affected by the resolution.
        2. Penalties for posted bridge weight violations shall be based on the fine schedule imposed within the provisions of § 31-25-16 .
        3. Bridges.  The department of transportation, through the state traffic commission, shall have the authority with respect to any state, local, or privately-owned bridge, excluding those owned or controlled by the Rhode Island turnpike and bridge authority, to impose a weight restriction or close a bridge, based on deficiencies documented in a bridge inspection or load rating for the purpose of public safety. Rhode Island turnpike and bridge authority shall have the authority for bridges owned  or controlled by Rhode Island turnpike and bridge authority to impose a weight restriction or close a bridge, based on deficiencies documented in a bridge inspection or load rating for the purpose of public safety.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-27 ; P.L. 1986, ch. 282, § 2; P.L. 2021, ch. 367, § 1, effective July 8, 2021; P.L. 2021, ch. 368, § 1, effective July 8, 2021.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 12; G.L. 1956, § 31-25-27 ; P.L. 1986, ch. 282, § 2; P.L. 2021, ch. 367, § 1, effective July 8, 2021; P.L. 2021, ch. 368, § 1, effective July 8, 2021.

        >>>>>>> origin/main

        Compiler's Notes.

        P.L. 2021, ch. 367, § 1, and P.L. 2021, ch. 368, § 1 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.1. Weight restrictions on the Veterans Memorial Parkway — East Providence.

        1. No motor vehicle with a gross weight exceeding two (2) tons except those listed in this section shall be allowed to travel the Veterans Memorial Parkway in the city of East Providence.
        2. The director of the department of revenue is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: vehicles of a fire department, police vehicles, corrections vehicles, ambulances, emergency vehicles, state vehicles, municipal vehicles, vehicles of the Rhode Island public transit authority, marked school administration vehicles, and delivery vehicles whose destination is addressed on the parkway.
        4. The department of revenue or local authority is authorized in accordance with the provisions of § 31-25-23 to issue or withhold permits to all vehicles other than those enumerated in this section.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1988, ch. 484, § 1; P.L. 2008, ch. 98, § 22; P.L. 2008, ch. 145, § 22.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.2. Weight restrictions on Route 114 — Bristol.

        1. No commercial motor truck or tractor with a gross weight exceeding four (4) tons, except those listed in this section, shall be allowed to travel on Route 114 (Hope Street and Ferry Road) between Gooding Avenue and Route 136.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: any commercial vehicle whose destination is anywhere, either on or off the routes stated in subsection (a) of this section; any and all emergency vehicles, state vehicles, municipal vehicles, public transit vehicles, marked school administration vehicles, and vehicles participating in the annual 4th of July parade or other civic parades.
        4. Any commercial registered motor truck or tractor with a gross weight exceeding four (4) tons, shall be prohibited from traveling the routes stated in subsection (a) as a through route. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — 4 Ton Weight Limit.”
        5. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2003, ch. 351, § 1; P.L. 2003, ch. 381, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.3. Weight restrictions on Route 114 — Johnston.

        1. No commercial motor truck or tractor with a gross weight exceeding four (4) tons, except those listed in this section, shall be allowed to travel on Hopkins Avenue.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: any commercial vehicle whose destination is anywhere, either on or off the routes stated in subsection (a) of this section; any and all emergency vehicles, state vehicles, municipal vehicles, public transit vehicles, and marked school transportation vehicles.
        4. Any commercial registered motor truck or tractor with a gross weight exceeding four (4) tons, shall be prohibited from traveling the routes stated in subsection (a) as a through route. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — 4 Ton Weight Limit.”
        5. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2004, ch. 407, § 1; P.L. 2004, ch. 533, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.4. Weight restrictions on South Main Street — Coventry.

        1. No commercial motor truck or tractor with a gross weight exceeding four (4) tons, except those listed in this section, shall be allowed to travel on South Main Street.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: any commercial vehicle whose destination is anywhere, either on or off the routes stated in subsection (a) of this section; any and all emergency vehicles, state vehicles, municipal vehicles, public transit vehicles, and marked school administration vehicles.
        4. Any commercial registered motor truck or tractor with a gross weight exceeding four (4) tons, shall be prohibited from traveling the routes stated in subsection (a) as a through route. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — 4 Ton Weight Limit.”
        5. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2006, ch. 305, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.5. Weight restrictions on state roadways — East Providence.

        1. No commercial motor vehicle with a gross weight exceeding five (5) tons, except those listed in this section, shall be allowed to park on any state roadway in the city of East Providence in excess of two (2) hours.
        2. The director of the department of transportation is directed to post signs to limit parking of commercial vehicles as prescribed in subsection (a) of this section.
        3. Any and all emergency vehicles, state vehicles, municipal vehicles, public transit vehicles, any construction vehicles performing work on said roadways, and marked school transportation vehicles shall be exempt from the provisions of this section.
        4. Violations of this section shall be punishable by a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2008, ch. 213, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.6. Weight restrictions on Route 15 — Armistice Boulevard — Pawtucket.

        1. No commercial motor truck or tractor with a gross weight exceeding four (4) tons, except those listed in this section, shall be allowed to travel on Route 15 (Armistice Boulevard from Newport Avenue easterly to the Rhode Island state line).
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: any commercial vehicle whose designation is anywhere, either on or off the roads stated in subsection (a) of this section, any and all emergency vehicles, state vehicles, marked school administration vehicles and delivery vehicles whose destination is addressed on the parkway.
        4. Any commercial registered motor truck or tractor with a gross weight exceeding four (4) tons, shall be prohibited from traveling the routes stated in subsection (a) as a through route. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — Four (4) Ton Weight Limit.”
        5. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2010, ch. 314, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.7. Weight restrictions on route 114 — Warren.

        1. No commercial motor truck or tractor with a gross weight exceeding four (4) tons, except those listed in this section, shall be allowed to travel on route 114 in the town of Warren.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section.
        3. The following vehicles shall be exempt from the provisions of this section: any commercial vehicle whose destination is anywhere, either on or off the routes stated in subsection (a) of this section; any and all emergency vehicles, state vehicles, municipal vehicles, public transit vehicles, marked school administration vehicles, and vehicles participating in the annual 4th of July parade or other civic parades.
        4. Any commercial registered motor truck or tractor with a gross weight exceeding four (4) tons, shall be prohibited from traveling the routes stated in subsection (a), provided, however, commercial registered motor trucks, tractors, and equipment exceeding four (4) tons, including tractor trailer trucks, shall be allowed to travel north of Child Street (Route 103) on Main Street to get to and from Barrington. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — 4 Ton Weight Limit.”
        5. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2012, ch. 405, § 1; P.L. 2012, ch. 416, § 1.

        Compiler’s Notes.

        P.L. 2012, ch. 405, § 1, and P.L. 2012, ch. 416, § 1 enacted identical versions of this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.8. Weight restrictions within North Smithfield town hall area.

        1. No commercial motor truck or tractor with more than four (4) axles, except those listed in this section, shall be allowed to travel on Main Street, North Main Street, School Street, and Green Street, within .3 miles of the North Smithfield town hall in the town of North Smithfield. Such vehicles shall also be prohibited from crossing the historic stone arch bridge in the area of Railroad Street and Providence Pike (Route 5) in North Smithfield while construction and repair on such bridge is being undertaken.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a) of this section. Signs will be posted by the department of transportation stating “Local Deliveries Only — No Through Trucking — 4 Axle Limit.”
        3. The following vehicles shall be exempt from the provisions of the travel restrictions set forth in this section, except as to the prohibition against crossing the historic stone arch bridge: any commercial vehicle whose destination is anywhere either on or off the routes stated in subsection (a) of this section; any and all emergency vehicles, state, municipal vehicles, public transit vehicles, marked school administration vehicles; and vehicles participating in a civic parade. As to the historic stone arch bridge, only emergency vehicles, public transit vehicles, and marked school administration vehicles shall be exempt from the prohibition against crossing said bridge while construction and repair on said bridge is being undertaken.
        4. Violations of this section shall be a fine of fifty dollars ($50.00) for the first offense, not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2014, ch. 96, § 1; P.L. 2014, ch. 120, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 96, § 1, and P.L. 2014, ch. 120, § 1 enacted identical versions of this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.9. Weight restrictions on Smith Avenue-Smithfield.

        1. No tractor or truck tractor, as defined in 23 C.F.R. 658.5, pulling a trailer or trailers, shall be allowed to travel on that portion of Route 116 between Route 44 and West Greenville Road known as Smith Avenue in the town of Smithfield.
        2. The director of the department of transportation is directed to post signs to limit access as prescribed in subsection (a).
        3. Violations of this section shall be punishable by a fine of fifty dollars ($50.00) for the first offense, and not to exceed one hundred dollars ($100) for each and every subsequent offense.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2016, ch. 514, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.10. Weight restrictions on Forest Avenue and Turner Road — Middletown.

        1. The operation of through commercial vehicles on Forest Avenue and Turner Road is prohibited.
        2. For purposes of this section, a commercial vehicle is defined as a motor vehicle or combination of vehicles used to transport passengers or property if the motor vehicle:
          1. Has a gross combination weight rating of twenty-six thousand one pounds (26,001 lbs.) or more, or a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.) or more, or has a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or more; or
          2. Is designed to transport sixteen (16) or more passengers including the driver; or
          3. Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F, as it may be revised from time to time.
        3. Nothing contained in this section shall affect the use of such streets or highways by:
          1. Any fire truck, town public works department truck, police vehicle, ambulance, school bus, bus serving the area, or other motor truck using such streets or highways in any emergency or engaged in delivering goods, wares, merchandising or materials to or from any residence, building or lot within the town bordering on such streets or highways; or
          2. Any farm vehicle as defined in § 31-1-8 , which is registered with farm plates pursuant to § 31-3-31 .
        4. In all instances where motor vehicle traffic is restricted or prohibited under this section, the town administrator is directed to cause signs to be erected on such streets or highways giving notice of such, in accordance with the manual on uniform traffic control devices.
        5. Any driver who operates a commercial vehicle in contravention of this section shall be subject to a fine of not less than twenty-five dollars ($25.00) for a first violation, fifty dollars ($50.00) for a second violation, and not less than one hundred twenty-five dollars ($125), but no more than five hundred dollars ($500) for each subsequent violation.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2018, ch. 306, § 1; P.L. 2018, ch. 333, § 1; P.L. 2021, ch. 192, § 1, effective July 8, 2021; P.L. 2021, ch. 193, § 1, effective July 8, 2021.

        Compiler’s Notes.

        P.L. 2018, ch. 306, § 1, and P.L. 2018, ch. 333, § 1 enacted identical versions of this section.

        P.L. 2021, ch. 192, § 1 and P.L. 2021, ch. 193, § 1 enacted identical amendments to this section.

        Federal Act References.

        49 C.F.R. Part 172, Subpart F, referred to in this section, may be found at 49 C.F.R. § 172.500 et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-27.11. Weight restrictions on Limerock Road — Smithfield and Lincoln.

        1. The operation of through commercial vehicles on Limerock Road between Douglas Pike in Smithfield and Jenckes Hill Road in Lincoln is prohibited.
        2. For purposes of this section, a commercial vehicle is defined as a motor vehicle or combination of vehicles used to transport passengers or property if the motor vehicle:
          1. Has a gross combination weight rating of thirty-five thousand one pounds (35,001 lbs.) or more, or a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.) or more, or has a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or more; or
          2. Is designed to transport sixteen (16) or more passengers including the driver; or
          3. Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F, as it may be revised from time to time.
        3. Nothing contained in this section shall affect the use of such street or roadway by:
          1. Any fire truck, town public works department truck, state department of transportation truck, police vehicle, ambulance, school bus, bus serving the area, or other motor truck using such streets or highways in any emergency or engaged in delivering goods, wares, merchandising, or materials to or from any residence, building, or lot within the towns bordering on such streets or highways; or
          2. Any farm vehicle as defined in § 31-1-8 , which is registered with farm plates pursuant to § 31-3-31 .
        4. Any driver who operates a commercial vehicle in contravention of this section shall be subject to a fine of fifty-five dollars ($55.00) for a first violation and one hundred ten dollars ($110) for each subsequent violation.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2020, ch. 31, § 1; P.L. 2020, ch. 55, § 1.

        Compiler’s Notes.

        P.L. 2020, ch. 31, § 1, and P.L. 2020, ch. 55, § 1 enacted identical versions of this section.

        Effective Dates.

        P.L. 2020, ch. 31, § 2 provides: “This act shall take effect thirty (30) days after passage [July 27, 2020].”

        P.L. 2020, ch. 55, § 2 provides: “This act shall take effect thirty (30) days after passage [July 26, 2020].”

        Federal Act References.

        49 C.F.R. Part 172, Subpart F, referred to in this section, may be found at 49 C.F.R. § 172.500 et seq.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-28. Liability for damages from excess weight.

        1. Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving, or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight in this chapter but authorized by a special permit issued as provided in this chapter.
        2. Whenever the driver is not the owner of a vehicle, object, or contrivance, but is so operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for the damage.
        3. Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 35, § 13; G.L. 1956, § 31-25-28 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 35, § 13; G.L. 1956, § 31-25-28 .

        >>>>>>> origin/main

        Collateral References.

        Damaging highway or bridge by nature or weight of vehicles or loads transported over it. 5 A.L.R. 768.

        Liability for damage to highway or bridge caused by size or weight of motor vehicle or load. 53 A.L.R.3d 1035.

        Measure and elements of damages for injury to bridge. 31 A.L.R.5th 171.

        Violation of regulation governing size or weight of motor vehicles, or combinations of vehicles and loads, on the highway as basis of liability for personal injury, death, or damage to private property. 21 A.L.R.3d 989.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-25-29. Refuse-hauling vehicles — Exemption from permit.

        Notwithstanding any contrary provisions of this chapter, a motor vehicle designed and used for the hauling of refuse shall not be subject to state axle weight restrictions when hauling refuse. Nothing in this provision shall waive or modify existing state gross weight restrictions for refuse vehicles or other size and weight restrictions. To the extent that application of this section to highways which are part of the national system of interstate and defense highways would cause this state to be deprived of any federal funds for highway purposes, this section shall not be applicable to highways which are part of the system.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1982, ch. 438, § 1.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-25-30. Repealed.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2011, ch. 122, § 1; P.L. 2011, ch. 310, § 1; Repealed by P.L. 2011, ch. 122, § 2; P.L. 2011, ch. 310, § 2, effective June 12, 2011, and shall be repealed two (2) years subsequent to such date or upon the closure of the existing structures.

        Compiler’s Notes.

        Former § 31-25-30 concerned axle restriction on the Pawtucket River Bridge and the Sakonnet River Bridge.

        Chapter 26 Accidents and Accident Reports

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-26-1. Duty to stop in accidents resulting in personal injury.

        1. The driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3 . A stop shall be made without obstructing traffic more than is necessary.
        2. Any person knowingly failing to stop or to comply with the requirements under circumstances which result in injury to any person shall upon conviction be punished by a mandatory loss of license for at least one year and not more than five (5) years and imprisonment for not more than five (5) years and/or fined up to five thousand dollars ($5,000).
          1. Any person knowingly failing to stop or to comply with the requirements under circumstances which result in serious bodily injury to any person shall upon conviction be punished as follows:
            1. Every person convicted of a first violation shall be punished by imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. Additionally, the license of the person shall be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
            2. For a second or subsequent conviction under this subsection within a five (5) year period, a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. Additionally, the license of the person shall be revoked for a period of up to four (4) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
          2. As used in this subsection, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        4. Any person knowingly failing to stop or to comply with the requirements under circumstances which result in the death of any person, shall upon conviction be punished pursuant to the provisions of this subsection as follows:
          1. Every person convicted of a first violation of this subsection shall be punished by imprisonment in the state prison for not less than two (2) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), and his or her license to operate a motor vehicle shall be revoked for a period of three (3) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
          2. Every person convicted of a second or subsequent violation of this subsection within a five (5) year period shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than twenty (20) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
        5. This section shall apply in its entirety to any driver of a motor vehicle knowingly involved in an accident with a person riding a bicycle.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 1; P.L. 1950 (s.s.), ch. 2639, § 2; G.L. 1956, § 31-26-1 ; P.L. 1978, ch. 208, § 1; P.L. 1981, ch. 305, § 1; P.L. 1995, ch. 138, § 1; P.L. 2006, ch. 585, § 1; P.L. 2012, ch. 309, § 1; P.L. 2012, ch. 354, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 1; P.L. 1950 (s.s.), ch. 2639, § 2; G.L. 1956, § 31-26-1 ; P.L. 1978, ch. 208, § 1; P.L. 1981, ch. 305, § 1; P.L. 1995, ch. 138, § 1; P.L. 2006, ch. 585, § 1; P.L. 2012, ch. 309, § 1; P.L. 2012, ch. 354, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2012, ch. 309, § 1, and P.L. 2012, ch. 354, § 1 enacted identical amendments to this section.

        Cross References.

        Mandatory revocation of license on conviction, § 31-11-6 .

        Places where provision applicable, § 31-12-1 .

        Comparative Legislation.

        Accidents and accident reports:

        Conn. Gen. Stat. § 14-108a.

        Mass. Ann. Laws ch. 90, §§ 26 and 29.

        NOTES TO DECISIONS

        Burden of Proof.

        The trial justice’s instruction to the jury that defendant by asserting his intoxication and therefore lack of knowledge that he had been involved in the accident raised an affirmative defense which it was his duty to prove was eminently correct as to the placement of the burden of proof. State v. Deans, 93 R.I. 266 , 174 A.2d 266 (1961).

        Complaint.

        Complaint charging that defendant did not stop “or return” to the scene of the accident was not duplicitous. State v. Smith, 29 R.I. 513 , 72 A. 710, 1909 R.I. LEXIS 50 (1909).

        Complaint charging failure to stop or return to the scene of the accident was not defective for failure to charge failure to give information. State v. Smith, 29 R.I. 513 , 72 A. 710, 1909 R.I. LEXIS 50 (1909).

        Constructive Knowledge.

        Knowledge of a collision or of injury or death may be from constructive knowledge under subsection (a). State v. Baker, 627 A.2d 835, 1993 R.I. LEXIS 185 (R.I. 1993).

        Decedent’s Conduct.

        In a prosecution for violation of this section and § 31-27-1 , where the defendant’s conduct was clearly a proximate cause of the victim’s death, and where the victim’s conduct could not be held to be the sole proximate cause of the fatality, the trial justice did not err in instructing the jury not to consider the victim’s conduct in determining whether or not the defendant’s conduct was a proximate cause of death. State v. Watkins, 448 A.2d 1260, 1982 R.I. LEXIS 993 (R.I. 1982).

        Knowledge.

        Although the mere presence at or near the scene of the accident in and of itself is not sufficient to prove an element of the crime under this section beyond a reasonable doubt, it is a factor that the jury can take into account in reaching its verdict. State v. Szarek, 433 A.2d 193, 1981 R.I. LEXIS 1234 (R.I. 1981).

        The seriousness of the resulting injuries are a factor for the jury to consider in determining whether a defendant had knowledge that he was involved in an accident resulting in physical injury or death. State v. Szarek, 433 A.2d 193, 1981 R.I. LEXIS 1234 (R.I. 1981).

        The circumstances support a reasonable inference that the attorney knew of the collision wherein the attorney was required to stop, to conduct a diligent search for a possible victim and to render reasonable aid. Because the attorney left the scene without a diligent search, disbarment is an appropriate sanction. In re Souls, 669 A.2d 532, 1996 R.I. LEXIS 14 (R.I. 1996).

        When one intentionally rams his or her motor vehicle into another motor vehicle occupied by other persons, knowledge of injury to the occupants of that motor vehicle may be inferred. State v. Sabetta, 672 A.2d 451, 1996 R.I. LEXIS 64 (R.I. 1996).

        Meaning of “Accident”.

        The legislature intended the term “accident” to include all automobile highway collisions — intentional as well as unintentional — where personal injury occurs. State v. Smyth, 121 R.I. 188 , 397 A.2d 497, 1979 R.I. LEXIS 1759 (1979).

        The term “accident” in this section includes all collisions, intentional as well as unintentional. Therefore, a defendant can be found guilty of both the intentional act of assault and the act of leaving the scene of an accident. State v. Sabetta, 672 A.2d 451, 1996 R.I. LEXIS 64 (R.I. 1996).

        Sufficient Evidence.

        Although the trial justice indicated he would have trouble finding proof beyond a reasonable doubt that the defendant knew he had come in contact with the victim, he denied the defendant’s motion for a new trial on the basis that reasonable minds could fairly come to a different conclusion and he could not find the jury’s verdict to be unsupported by the evidence. The trial justice correctly applied the proper standard as there was sufficient evidence along with reasonable inferences flowing therefrom supporting the jury’s finding of guilt beyond a reasonable doubt. State v. Bleau, 649 A.2d 215, 1994 R.I. LEXIS 250 (R.I. 1994).

        Collateral References.

        Construction and effect of statute in relation to conduct of driver of automobile after happening of an accident. 16 A.L.R. 1425; 66 A.L.R. 1228; 101 A.L.R. 911.

        Duty and liability to persons struck by automobile while crossing street at unusual place or diagonally. 14 A.L.R. 1176; 67 A.L.R. 313; 79 A.L.R. 1092.

        Failure to comply with statute requiring one involved in automobile accident to stop or report as affecting question as to suspension or tolling statute of limitation. 10 A.L.R.2d 564.

        Indictment or information charging failure to stop after accident, give name, or to render assistance, sufficiency of. 115 A.L.R. 361.

        Necessity and sufficiency of showing, in criminal prosecution under “hit-and-run” statute, accused’s knowledge of accident, injury, or damage. 26 A.L.R.5th 1.

        Sufficiency of compliance with requirement of criminal “hit and run” statute that motorist identify himself. 48 A.L.R.3d 685.

        Sufficiency of showing of driver’s involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid. 82 A.L.R.4th 232.

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        >>>>>>> origin/main 31-26-2. Duty to stop in accidents resulting in damage to vehicle.

        The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3 . A stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with these requirements under the circumstances shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or his or her driver’s license or operating privilege in the state may be suspended for a period up to six (6) months, and/or he or she may be imprisoned for a period not to exceed 6 months.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 2; P.L. 1950 (s.s.), ch. 2639, § 2; G.L. 1956, § 31-26-2 ; P.L. 1992, ch. 441, § 1; P.L. 2009, ch. 329, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 2; P.L. 1950 (s.s.), ch. 2639, § 2; G.L. 1956, § 31-26-2 ; P.L. 1992, ch. 441, § 1; P.L. 2009, ch. 329, § 1.

        >>>>>>> origin/main

        Cross References.

        Penalty for misdemeanors, § 31-27-13 .

        Collateral References.

        Necessity and sufficiency of showing in a criminal prosecution under “hit-and-run” statute accused’s knowledge of accident, injury, or damage. 23 A.L.R.3d 497.

        Sufficiency of compliance with requirement of criminal “hit and run” statute that motorist identify himself. 48 A.L.R.3d 685.

        Sufficiency of showing of driver’s involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid. 82 A.L.R.4th 232.

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        >>>>>>> origin/main 31-26-3. Duty to give information and render aid.

        1. The driver of any vehicle involved in an accident resulting in the striking of, the injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall, upon request, give his or her name, address, and the registration number of the vehicle the driver is driving and shall exhibit his or her operator’s or chauffeur’s license to the person struck, or to the driver or occupant, or to the person attending any vehicle collided with. The driver shall render to any person injured or struck in an accident reasonable assistance, and shall immediately, by the quickest means of communication known to the driver or which should have reasonably been known to the driver to be available in the locality, give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.
        2. The officer receiving the notice set forth in subsection (a) of this section shall, if the circumstances reasonably require, immediately dispatch an ambulance or emergency medical service to the scene of the accident. Any police or fire department responding to a call for emergency medical service or assistance to a person injured in an accident shall continue to the locale of the accident even though it is outside the jurisdiction of the department and shall render any emergency service that is reasonably necessary.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 3; P.L. 1951, ch. 2826, § 17; G.L. 1956, § 31-26-3 ; P.L. 1968, ch. 107, § 1; P.L. 1980, ch. 297, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 3; P.L. 1951, ch. 2826, § 17; G.L. 1956, § 31-26-3 ; P.L. 1968, ch. 107, § 1; P.L. 1980, ch. 297, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        The disclosure required by this section is not incriminating and does not violate R.I. Const., art. 1, § 13 . State v. Smyth, 121 R.I. 188 , 397 A.2d 497, 1979 R.I. LEXIS 1759 (1979).

        Complaint.

        Complaint charging failure to stop or return to the scene of the accident was not defective for failure to charge failure to give information. State v. Smith, 29 R.I. 513 , 72 A. 710, 1909 R.I. LEXIS 50 (1909).

        Knowledge.

        Continued exposure of defendant to a beating severe enough to put him in fear of his life meant that the court could not imply or infer that he had actual or constructive knowledge of a subsequent car accident. Defendant’s motion for a judgment of acquittal should have been granted since he did not knowingly leave the scene of the accident. State v. Baker, 627 A.2d 835, 1993 R.I. LEXIS 185 (R.I. 1993).

        Collateral References.

        Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property. 69 A.L.R.2d 1148.

        Sufficiency of compliance with requirement of criminal “hit and run” statute that motorist identify himself. 48 A.L.R.3d 685.

        Sufficiency of showing of driver’s involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid. 82 A.L.R.4th 232.

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        >>>>>>> origin/main 31-26-3.1. Duty to stop in accidents resulting in death or injury to domesticated animals.

        1. The driver of any vehicle knowingly involved in an accident resulting in death or injury to a domesticated animal, shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until the driver shall render all possible assistance to the injured animal. The driver shall immediately, by the quickest means of communication known to the driver or which should have reasonably been known to be available to the driver to be available in the locality, give notice of the accident to the owner of the animal if known to the driver or to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to give notice immediately of the accident to the office having jurisdiction.
        2. Any person failing to stop or comply with the requirements of this section shall upon conviction be punished by a fine of not more than fifty dollars ($50.00).
        <<<<<<< HEAD

        History of Section. G.L. 1956, § 31-26-3 ; P.L. 1959, ch. 175, § 1.

        =======

        History of Section.

        G.L. 1956, § 31-26-3 ; P.L. 1959, ch. 175, § 1.

        >>>>>>> origin/main

        Collateral References.

        Necessity and sufficiency of showing in a criminal prosecution under “hit-and-run” statute accused’s knowledge of accident, injury or damage. 23 A.L.R.3d 497.

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        >>>>>>> origin/main 31-26-3.2. Immediate notice of accident.

        The driver of a vehicle involved in an accident resulting in injury to or death of any person, or any vehicle other than a vehicle moved by human power becoming so disabled as to prevent its normal and safe operation, shall immediately by the quickest means of communication give notice of the accident to the nearest office of a duly authorized police authority.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1976, ch. 58, § 7.

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        >>>>>>> origin/main 31-26-3.3. Duty to stop in accidents involving motor vehicles and bicycles not resulting in serious bodily injury or death — Duty to give information and render aid — Penalty.

        1. The driver of any vehicle knowingly involved in an accident with a person riding a bicycle shall immediately stop the vehicle at the scene of the accident or as close to it as possible, and shall immediately return to and in every event shall remain at the scene of the accident. The driver shall render to any person injured or struck in an accident reasonable assistance, and shall immediately, by the quickest means of communication known to the driver or which should have reasonably been known to the driver to be available in the locality, give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.
        2. The officer receiving the notice set forth in subsection (a) of this section shall, if the circumstances reasonably require, immediately dispatch an ambulance or emergency medical service to the scene of the accident. Any police or fire department responding to a call for emergency medical service or assistance to a person injured in an accident shall continue to the locale of the accident even though it is outside the jurisdiction of the department and shall render any emergency service that is reasonably necessary.
        3. The driver of the vehicle shall, upon request, give his or her name, address, and registration number of the vehicle the driver is driving and shall exhibit his/her operator’s or chauffeur’s license to the person struck, but in any event shall remain at the scene of the accident until he/she has fulfilled the requirements of § 31-26-3 .
        4. Any person failing to stop or comply with these requirements under the circumstances shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and may have his or her driver’s license or operating privilege in this state suspended for up to six (6) months.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2006, ch. 585, § 2.

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        >>>>>>> origin/main 31-26-4. Duty on collision with unattended vehicle.

        The driver of any vehicle which collides with another vehicle which is unattended and damage results to either vehicle shall immediately stop and shall then and there either locate and notify the operator or owner of the unattended vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or upon the unattended vehicle a notice written in the English language giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances of the collision, and shall immediately give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 4; P.L. 1951, ch. 2826, § 18; G.L. 1956, § 31-26-4 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 4; P.L. 1951, ch. 2826, § 18; G.L. 1956, § 31-26-4 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        This section is not unconstitutional as requiring self-incrimination. State v. Lemme, 104 R.I. 416 , 244 A.2d 585, 1968 R.I. LEXIS 662 (1968).

        Scienter.

        Knowledge that one has collided with another vehicle is an implied prerequisite to the violation of this section. State v. Lemme, 104 R.I. 416 , 244 A.2d 585, 1968 R.I. LEXIS 662 (1968).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-26-5. Duty in accident resulting in damage to highway fixtures.

        The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of the fact and of his or her name and address and of the registration number of the vehicle the driver is driving. The driver shall upon request exhibit his or her operator’s or chauffeur’s license and shall immediately give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 5; P.L. 1951, ch. 2826, § 19; G.L. 1956, § 31-26-5 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 5; P.L. 1951, ch. 2826, § 19; G.L. 1956, § 31-26-5 .

        >>>>>>> origin/main 31-26-6. Drivers required to make written reports.

        The driver of a vehicle involved in an accident resulting in injury to or death of any person or in which the damage to property of any one person, including himself or herself, in excess of one thousand dollars ($1000) is sustained, shall, within twenty-one (21) days after the accident, forward a written report of the accident to the division of motor vehicles, on forms provided by the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-6 ; P.L. 1966, ch. 128, § 1; P.L. 1968, ch. 185, § 2; P.L. 1974, ch. 142, § 1; P.L. 1975, ch. 64, § 1; P.L. 1982, ch. 40, § 1; P.L. 1987, ch. 48, § 1; P.L. 1995, ch. 124, § 1; P.L. 2002, ch. 253, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-6 ; P.L. 1966, ch. 128, § 1; P.L. 1968, ch. 185, § 2; P.L. 1974, ch. 142, § 1; P.L. 1975, ch. 64, § 1; P.L. 1982, ch. 40, § 1; P.L. 1987, ch. 48, § 1; P.L. 1995, ch. 124, § 1; P.L. 2002, ch. 253, § 1.

        >>>>>>> origin/main

        Cross References.

        Accident reports, § 31-33-1 .

        Collateral References.

        Pretrial discovery to secure opposing party’s private reports or records as to previous accidents or incidents involving the same place or premises. 74 A.L.R.2d 876.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-26-7. Supplemental reports.

        The division of motor vehicles may require any driver of a vehicle involved in an accident of which a report must be made as provided in § 31-26-6 to file supplemental reports whenever the original report is insufficient in the opinion of the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-7 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-7 .

        >>>>>>> origin/main 31-26-8. Reports by owner when driver incapable.

        Whenever the driver is physically incapable of making a written report of an accident as required in § 31-26-6 and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall within twenty one (21) days after learning of the accident make the report not made by the driver.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 7; G.L. 1956, § 31-26-8 ; P.L. 1969, ch. 136, § 1; P.L. 1998, ch. 428, § 1.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 7; G.L. 1956, § 31-26-8 ; P.L. 1969, ch. 136, § 1; P.L. 1998, ch. 428, § 1.

        >>>>>>> origin/main 31-26-9. Reports by law enforcement officers.

        1. Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident of which a report must be made as required and in accordance with subsections (a), (b), (d) and (e) of this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, effective January 1, 2003, submit all investigated and reportable accident reports to the department of transportation electronically. The form utilized shall be the newly revised accident form developed by the department of transportation in cooperation with the division of motor vehicles. The electronic accident report shall be transferred using the Rhode Island Accident Data Export Manager over the Rhode Island Law Enforcement Telecommunication System (RILETS) to the department of transportation.
        2. The law enforcement agency or its contracted agent shall transmit an electronic accident report to the department of transportation within fourteen (14) days of the investigation or preparing of the report and may maintain a copy locally.
        3. The driver of a vehicle that is involved in an accident shall submit the motorist accident report form to the division of motor vehicles within twenty-one (21) days of the accident, pursuant to § 31-26-6 .
        4. Any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person or damage to property equal to or in excess of one thousand dollars ($1,000) is subject to the reporting requirements. In addition, the division of motor vehicles will take action on reported accidents in excess of five hundred dollars ($500) for compliance with the state financial responsibility law pursuant to § 31-26-6 .
        5. The department of transportation shall serve as the accident data repository agency for the electronic accident reports submitted by the law enforcement agencies in the state, and the division of motor vehicles shall remain as the repository agency for all motorist accident reports. “Personal information,” as defined in § 11-49.3-3 , and associated with accident reports submitted pursuant to this section shall remain privileged except that the information may be provided to an involved party to the accident or their legal representative, an insurance company, or insurance-support organization or in accordance with Rhode Island general laws.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-9 ; P.L. 2001, ch. 166, § 1; P.L. 2021, ch. 418, § 1, effective July 14, 2021; P.L. 2021, ch. 419, § 1, effective July 14, 2021.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-9 ; P.L. 2001, ch. 166, § 1; P.L. 2021, ch. 418, § 1, effective July 14, 2021; P.L. 2021, ch. 419, § 1, effective July 14, 2021.

        >>>>>>> origin/main

        Compiler's Notes.

        P.L. 2021, ch. 418, § 1, and P.L. 2021, ch. 419, § 1 enacted identical amendments to this section.

        Cross References.

        State police accident reports available to persons involved, § 42-28-37 .

        Collateral References.

        Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property. 69 A.L.R.2d 1148.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-26-10. Accident report forms — Contents.

        The division of motor vehicles shall prepare and upon request supply to police departments and other suitable agencies or individuals, forms for accident reports required by this chapter, appropriate with respect to the persons required to make those reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicle involved.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 8; G.L. 1956, § 31-26-10 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 8; G.L. 1956, § 31-26-10 .

        >>>>>>> origin/main 31-26-11. Penalties for failure to report.

        The administrator of the division of motor vehicles shall suspend the license or permit to drive, and any nonresident operating privileges, of any person failing to report an accident as provided in this chapter until the report has been filed. Any person convicted of failing to make a report as required in this chapter shall be punished as provided in § 31-27-13 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 9; P.L. 1950 (s.s), ch. 2639, § 2; G.L. 1956, § 31-26-11 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 9; P.L. 1950 (s.s), ch. 2639, § 2; G.L. 1956, § 31-26-11 .

        >>>>>>> origin/main

        Collateral References.

        Failure to comply with statute requiring one involved in automobile accident to stop or report as affecting question as to suspension or tolling statute of limitation. 10 A.L.R.2d 564.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-26-12. Garage reports of bullet damage.

        The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the nearest local or state police after the motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of the vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 10; G.L. 1956, § 31-26-12 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 10; G.L. 1956, § 31-26-12 .

        >>>>>>> origin/main 31-26-13. Reports confidential — Use as evidence.

        1. All motorist accident reports made by persons involved in accidents, pursuant to § 31-26-6 , or by garages, pursuant to § 31-26-12 , shall be without prejudice to the individual so reporting and shall be for the confidential use of the division of motor vehicles or other state or municipal agencies having use for the records for accident prevention purposes or for the administration of the laws of this state relating to the deposit of security and proof of financial responsibility by persons driving or the owners of motor vehicles.
        2. The division of motor vehicles may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his or her presence at the accident, and except that the reports, as well as police reports, may be used by the division of motor vehicles, together with any other evidence that the division of motor vehicles may deem appropriate, to make determinations as to the reasonable possibility of a judgment being rendered for purposes of requiring security after an accident involving one or more uninsured motorists.
        3. No report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the division of motor vehicles shall furnish upon demand of any person who has, or claims to have, made a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the division of motor vehicles solely to prove a compliance or a failure to comply with the requirement that a report be made to the division. Provided, that in the event an accident report has not been filed, then the failure to file the report shall be considered to be prima facie evidence that the operator and/or the registered owner of the motor vehicle involved was uninsured at the time of the accident.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 11; G.L. 1956, § 31-26-13 ; P.L. 1971, ch. 133, § 1; P.L. 1981, ch. 141, § 1; P.L. 2021, ch. 418, § 1, effective July 14, 2021; P.L. 2021, ch. 419, § 1, effective July 14, 2021.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 11; G.L. 1956, § 31-26-13 ; P.L. 1971, ch. 133, § 1; P.L. 1981, ch. 141, § 1; P.L. 2021, ch. 418, § 1, effective July 14, 2021; P.L. 2021, ch. 419, § 1, effective July 14, 2021.

        >>>>>>> origin/main

        Compiler's Notes.

        P.L. 2021, ch. 418, § 1, and P.L. 2021, ch. 419, § 1 enacted identical amendments to this section.

        Cross References.

        Filing of reports with drivers’ records, § 31-10-33 .

        NOTES TO DECISIONS

        Constitutionality.

        The 1981 amendment of this section to allow the use of accident reports in license-suspension hearings is constitutional. Craig v. Pare, 497 A.2d 316, 1985 R.I. LEXIS 581 (R.I. 1985).

        Consideration of accident reports at license suspension hearings does not violate the due-process rights of the license holder. Craig v. Pare, 497 A.2d 316, 1985 R.I. LEXIS 581 (R.I. 1985).

        Construction of Terms.

        The terms “deposit of security” and “proof of financial responsibility” employed in this section are clear and unambiguous. Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        Presuspension Hearings.

        The use of accident reports in presuspension hearings is not sanctioned by the language of either this section or § 31-31-5(b). Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        Prior Suspensions.

        The common-law rules of evidence determined the admissibility of accident reports in administrative hearings regarding suspension of driver’s licenses held prior to May 14, 1981. Craig v. Pare, 497 A.2d 316, 1985 R.I. LEXIS 581 (R.I. 1985).

        Collateral References.

        Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property. 69 A.L.R.2d 1148.

        Discoverability of traffic accident reports and derivative information. 84 A.L.R.4th 15.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-26-14. Tabulation and publication of statistical information.

        The division of motor vehicles shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based on the reports as to the number and circumstances of traffic accidents.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 12; G.L. 1956, § 31-26-14 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 12; G.L. 1956, § 31-26-14 .

        >>>>>>> origin/main 31-26-15. Reports required by municipalities.

        Any incorporated city, town, village, or other municipality may by ordinance require that the driver of a vehicle involved in an accident shall also file with a designated city or town department a report of the accident or a copy of any report that is required to be filed with the division of motor vehicles. All the reports shall be for the confidential use of the city or town department and subject to the provisions of § 31-26-13 .

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 23, § 13; G.L. 1956, § 31-26-15 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 23, § 13; G.L. 1956, § 31-26-15 .

        >>>>>>> origin/main 31-26-16. Uniform statewide motor vehicle accident police report.

        1. There is established a uniform statewide motor vehicle accident police report which shall be used by the Rhode Island state police and all other state or municipal police departments.
        2. This report shall include any information that the superintendent of the Rhode Island state police in consultation with the Municipal Police Chiefs Association shall deem appropriate.
        3. The failure of a police department to use the uniform report form when taking a report shall not be used:
          1. By a defendant in a criminal prosecution or violation hearing as grounds for challenge to, or dismissal of, any charges or citations arising out of the motor vehicle accident; or
          2. As a basis to challenge the admissibility of a police report in any administrative or judicial proceeding, civil or criminal.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 183, § 1; P.L. 2001, ch. 166, § 1.

        Chapter 27 Motor Vehicle Offenses

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-1. Driving so as to endanger, resulting in death.

        1. When the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22 , the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in death”.
        2. Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years.
        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 24, § 1; P.L. 1950 (s. s.), ch. 2639, § 3; G.L. 1956, § 31-27-1 ; P.L. 1978, ch. 208, § 2; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 24, § 1; P.L. 1950 (s. s.), ch. 2639, § 3; G.L. 1956, § 31-27-1 ; P.L. 1978, ch. 208, § 2; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.

        >>>>>>> origin/main

        Cross References.

        Adjudication of traffic offenses, §§ 31-41.1-1 et seq.

        Loaded weapons in vehicles, § 20-13-8 .

        Manslaughter, § 11-23-3 .

        Places where provision applicable, § 31-12-1 .

        Revocation of license on conviction, § 31-11-6 .

        Comparative Legislation.

        Motor vehicle offenses:

        Conn. Gen. Stat. § 14-212 et seq.

        Mass. Ann. Laws ch. 90, §§ 16 and 16A.

        NOTES TO DECISIONS

        In General.

        Since this section is penal in nature, it must be narrowly construed and the defendant must be given the benefit of any reasonable doubt as to whether an act charged falls within its ambit. State v. Amaro, 448 A.2d 1257, 1982 R.I. LEXIS 991 (R.I. 1982).

        Conduct of Decedent.

        Once the jury finds that the defendant was reckless and that his recklessness proximately caused the death, the decedent’s conduct becomes irrelevant. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        Negligence on the part of the decedent, is not a defense to culpability under this section, unless such negligence can be shown to be the sole proximate cause of the death. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        Negligence of the decedent may be a relevant factor to be considered on the questions of whether the defendant’s conduct was reckless or whether such conduct proximately caused the death. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        When one drives a motor vehicle in violation of the criminal law pertaining to the operation of such a vehicle on a public highway and, in doing so, causes the death of another, the deceased’s negligence is irrelevant absent evidence that would support a finding that the deceased’s conduct amounted to an independent intervening cause. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        In a prosecution for violation of § 31-26-1 and this section, where the defendant’s conduct was clearly a proximate cause of the victim’s death, and where the victim’s conduct could not be held to be the sole proximate cause of the fatality, the trial justice did not err in instructing the jury not to consider the victim’s conduct in determining whether or not the defendant’s conduct was a proximate cause of death. State v. Watkins, 448 A.2d 1260, 1982 R.I. LEXIS 993 (R.I. 1982).

        The contributory negligence of the victim is not a defense to a charge of vehicular homicide that is a proximate result of the reckless operation of a motor vehicle. State v. Northup, 486 A.2d 589, 1985 R.I. LEXIS 418 (R.I. 1985).

        In a case alleging the offense of driving so as to endanger with death resulting, the negligence of the victim is irrelevant unless it can be found that the conduct of the victim is an independent, intervening, and efficient cause of his or her own death which constitutes the sole proximate cause of the fatality. In this case, the conduct of the defendant in swerving into the breakdown land and striking the victim, who was clearly visible from one-half to one-eighth mile from the point of impact, was the proximate cause of the fatality. Therefore, the trial court was correct in refusing to give an instruction about the direction joggers are required to run. State v. Harrington, 689 A.2d 399, 1997 R.I. LEXIS 26 (R.I. 1997).

        Culpability.

        Mere error in judgment by a driver is not sufficient for conviction under this section; neither is the negligence that could support a civil action on damages. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        To constitute recklessness, conduct must constitute more than mere error in judgment by the driver and more than the negligence necessary to support a civil action for damages, and the fact that a defendant drove at an excessive speed does not necessarily establish reckless driving. State v. Watkins, 448 A.2d 1260, 1982 R.I. LEXIS 993 (R.I. 1982).

        The family court was correct in its finding of delinquency against the defendant, who was driving seventeen miles above the speed limit and was reckless in his driving when he struck the elderly victim. In re David P., 697 A.2d 1099, 1997 R.I. LEXIS 234 (R.I. 1997).

        Evidence.

        Where accused operated his auto with a defective seat inferentially impairing his ability to be certain of control at the maximum rate of speed in a built-up area at a street intersection; accelerated to maximum speed within a relatively short distance under weather conditions that to a prudent driver would suggest caution; admitted to not seeing deceased when he was directly in his path and only a few feet away; and where his car continued to travel after the moment of impact for 148 feet, there was no lack of sufficiency in the evidence. State v. Lisi, 105 R.I. 516 , 253 A.2d 239, 1969 R.I. LEXIS 782 (1969).

        Defendant’s acquittal on charge of driving under the influence of liquor does not preclude the introduction of such evidence in the trial of defendant for driving so as to endanger, death resulting. State v. Amaral, 109 R.I. 379 , 285 A.2d 783, 1972 R.I. LEXIS 1196 (1972).

        Trial justice did not err when he allowed into evidence the hospital records pertaining to the defendant’s physical condition in regard to the blood-alcohol level, where the defendant had previously testified he was sober. State v. Boss, 490 A.2d 34, 1985 R.I. LEXIS 468 (R.I. 1985).

        Although this section does not explicitly require that a defendant consent to the taking of a blood test before that test may be introduced as evidence, the consent provisions of § 31-27-2 apply. State v. Timms, 505 A.2d 1132, 1986 R.I. LEXIS 416 (R.I. 1986).

        Since it is incumbent upon the state to prove beyond a reasonable doubt the element of causing the deaths of victims in a charge of driving to endanger, death resulting, the use of a photograph to show the cause of death was proper, even though the defendant had stipulated that his truck caused the deaths. State v. Bettencourt, 723 A.2d 1101, 1999 R.I. LEXIS 2 (R.I. 1999).

        Heedless Indifference.

        The crucial element in reckless driving offenses is evidence which shows that the driver was embarked upon a course of conduct which demonstrates a heedless indifference to the consequences of his action. State v. Arnold, 122 R.I. 118 , 404 A.2d 490, 1979 R.I. LEXIS 2071 (1979).

        Intent.

        To satisfy the requirements for conviction under this section, intent need not be proven. State v. Lisi, 105 R.I. 516 , 253 A.2d 239, 1969 R.I. LEXIS 782 (1969).

        Intentional conduct, not intentional harm, is what is proscribed by the reckless homicide statute. State v. Bettencourt, 723 A.2d 1101, 1999 R.I. LEXIS 2 (R.I. 1999).

        Joint Trial With DUI Charge.

        Where the defendant was being tried for both driving so as to endanger and driving under the influence of alcohol (§ 31-27-2 ), the trial justice did not abuse his discretion in refusing to conduct a pretrial hearing on the intoxication issue or in denying the defendant’s motion to sever. State v. Northup, 486 A.2d 589, 1985 R.I. LEXIS 418 (R.I. 1985).

        Out-Of-State Convictions.

        Since the evidence appears to indicate that the defendant’s conduct for which he was convicted of negligent homicide by vehicle in Massachusetts amounted to no more than ordinary negligence, the appeals panel did not err in refusing to impose upon the defendant a more severe suspension requiring reckless disregard. State v. Acciardo, 693 A.2d 1042, 1997 R.I. LEXIS 150 (R.I. 1997).

        Sentence Appropriate.

        Defendant failed to show that his sentence was unduly severe or that circumstances had changed so as to require a reduction in sentence since the record showed that the trial justice had considered numerous factors in making her sentencing decision and that defendant’s possession of a CDL license was only one of them, especially as courts are permitted to consider the training, skills and licensing of defendants in determining sentences. State v. Bettencourt, 766 A.2d 391, 2001 R.I. LEXIS 54 (R.I. 2001).

        Status of Fetus.

        A fetus is not a “person” within the meaning of this section. State v. Amaro, 448 A.2d 1257, 1982 R.I. LEXIS 991 (R.I. 1982).

        Unreasonable Risk of Harm.

        The question of whether driver was driving in “willful” or “wanton” disregard of the safety of others was whether there was a conscious and intentional driving that the driver knew or should have known created an unreasonable risk of harm to others even though he had no actual intent to harm them. State v. Lisi, 105 R.I. 516 , 253 A.2d 239, 1969 R.I. LEXIS 782 (1969).

        The fact that an operator of a motor vehicle has violated some statutory prohibition or rule of the road does not in and of itself warrant the bringing of a charge of reckless homicide. State v. Lunt, 106 R.I. 379 , 260 A.2d 149, 1969 R.I. LEXIS 639 (1969); State v. Arnold, 122 R.I. 118 , 404 A.2d 490, 1979 R.I. LEXIS 2071 (1979).

        In determining whether the defendant’s conduct is reckless within the meaning of this section, the jury may consider the entire situation, including the conduct of the decedent if it had a bearing on the defendant’s conduct. State v. Dionne, 442 A.2d 876, 1982 R.I. LEXIS 815 (R.I. 1982).

        Collateral References.

        Definiteness and certainty of statutes prohibiting reckless driving. 12 A.L.R.2d 580.

        Homicide or assault in connection with operation of automobile at unlawful speed. 99 A.L.R. 756.

        Indictment or information which charges offense as to speed in language of statute. 115 A.L.R. 357.

        Validity of statute or ordinance forbidding running of automobile so as to inflict damage or injury. 47 A.L.R. 255.

        What amounts to reckless driving of motor vehicle within statute making such a criminal offense? 52 A.L.R.2d 1337.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-27-1.1. Driving so as to endanger, resulting in serious personal injury.

        1. When the serious bodily injury of any person ensues as a proximate result of the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22 , the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in serious bodily injury”.
        2. “Serious bodily injury” means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        3. Any person charged with a violation of this section shall upon conviction be imprisoned for not more than five (5) years and have his or her license to operate a motor vehicle suspended for no more than three (3) years.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1983, ch. 184, § 1; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-1.2. Driving so as to endanger, resulting in physical injury.

        1. When the physical injury of any person ensues as a proximate result of the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22 , the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in physical injury”.
        2. Any person charged with a violation of this section shall upon conviction be imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle be suspended for no more than one year.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2007, ch. 121, § 1; P.L. 2007, ch. 193, § 1.

        NOTES TO DECISIONS

        “Driving.”

        Superior court erred in dismissing the charges against defendant for driving under the influence of liquor resulting in serious bodily injury, driving so as to endanger resulting in serious bodily injury, and driving with a revoked license because an operator may be distinct and separate from a driver in certain circumstances, and by forcibly seizing control of a moving vehicle when he jumped up from the backseat and grabbed the steering wheel—thus divesting the driver of control—and steering the vehicle off the highway, causing a roll-over crash, defendant placed himself squarely in the realm of an operator of a vehicle. State v. Peters, 172 A.3d 156, 2017 R.I. LEXIS 107 (R.I. 2017).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-27-2. Driving under influence of liquor or drugs.

        1. Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subsection (d)(3), and shall be punished as provided in subsection (d) of this section.
          1. Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
          2. [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.]
        3. In any criminal prosecution for a violation of subsection (a), evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, in the defendant’s blood at the time alleged as shown by a chemical analysis of the defendant’s breath, blood, or urine or other bodily substance, shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:
          1. The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
          2. A true copy of the report of the test result was hand delivered at the location of the test or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
          3. Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
          4. The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
          5. Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
          6. The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to have an additional chemical test. The officer arresting or so charging the person shall have informed the person of this right and afforded him or her a reasonable opportunity to exercise this right, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
          1. (i) Every person found to have violated subsection (b)(1) shall be sentenced as follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge and/or shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration, and his or her driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 .
            1. Every person convicted of a second violation within a five-year (5) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every person convicted of a second violation within a five-year (5) period, regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration and shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 .
            2. Every person convicted of a second violation within a five-year (5) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) years from the date of completion of the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court approved counseling program administered or approved by the Veterans’ Administration. The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.
            1. Every person convicted of a third or subsequent violation within a five-year (5) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown or who has a blood presence of any scheduled controlled substance as defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.
            2. Every person convicted of a third or subsequent violation within a ten-year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date of completion of the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.
            3. In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five-year (5) period, regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
          4. Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, when his or her license to operate is suspended, revoked, or cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an individual who has surrendered his or her license and served the court-ordered period of suspension, but who, for any reason, has not had his or her license reinstated after the period of suspension, revocation, or suspension has expired; provided, further, the individual shall be subject to the provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable provision of this section.
            1. For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1 .
            2. Any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of these, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed shall be subject to immediate license suspension pending prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a first offense and may be sentenced to a term of imprisonment of not more than one year and a fine not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing judge shall also order a license suspension of up to two (2) years, require attendance at a special course on driving while intoxicated or under the influence of a controlled substance, and alcohol or drug education and/or treatment. The individual may also be required to pay a highway assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited in the general fund.
            1. Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
            2. Any person convicted of a violation under this section shall be assessed a fee of eighty-six dollars ($86).
            1. If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution and the juvenile’s driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund.
            2. If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500).
          8. Any person convicted of a violation under this section may undergo a clinical assessment at the community college of Rhode Island’s center for workforce and community education. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to an appropriate facility, licensed or approved by the department of behavioral healthcare, developmental disabilities and hospitals, for treatment placement, case management, and monitoring. In the case of a servicemember or veteran, the court may order that the person be evaluated through the Veterans’ Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person may have their treatment, case management, and monitoring administered or approved by the Veterans’ Administration.
          9. Notwithstanding any other sentencing and disposition provisions contained in this chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as evidenced by the presence of controlled substances on or about the person or vehicle, or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, or both, the judge or magistrate may exercise his or her  discretion and eliminate the requirement of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition to operating a motor vehicle as provided in § 31-27-2.8.
          10. Notwithstanding any other sentencing and disposition provisions contained in this chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as evidenced by the presence of controlled substances on or about the person or vehicle, or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or both, the judge or magistrate may require an ignition interlock system in addition to blood and/or urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.
          (ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration. The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration. The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.
        5. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters (100 cc) of blood.
          1. There is established an alcohol and drug safety unit within the division of motor vehicles to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs licensed by the department of behavioral healthcare, developmental disabilities and hospitals.
          2. Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration. The course shall take into consideration any language barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection. Any costs reasonably incurred in connection with the provision of this accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.
          3. The alcohol and drug safety action program within the division of motor vehicles shall be funded by general revenue appropriations.
        7. The director of the department of health is empowered to make and file with the secretary of state regulations that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath and the qualifications and certification of individuals authorized to administer this testing and analysis.
        8. Jurisdiction for misdemeanor violations of this section shall be with the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.
        9. No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.
        10. An order to attend a special course on driving while intoxicated, that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into the general fund.
        11. For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.
        12. If any provision of this section, or the application of any provision, shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.
        13. For the purposes of this section, “servicemember” means a person who is presently serving in the armed forces of the United States, including the Coast Guard, a reserve component thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, including the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has been discharged under other than dishonorable conditions.
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        History of Section. P.L. 1950, ch. 2595, art. 24, § 2; P.L. 1950 (s.s.), ch. 2639, § 3; G.L. 1956, § 31-27-2 ; P.L. 1959, ch. 101, § 1; P.L. 1973, ch. 213, § 1; P.L. 1974, ch. 120, § 2; P.L. 1980, ch. 321, § 1; P.L. 1982, ch. 176, § 1; P.L. 1983, ch. 227, § 1; P.L. 1985, ch. 138, § 1; P.L. 1985, ch. 139, § 1; P.L. 1985, ch. 150, § 39; P.L. 1986, ch. 275, § 1; P.L. 1986, ch. 433, § 1; P.L. 1986, ch. 494, § 2; P.L. 1986, ch. 508, § 1; P.L. 1989, ch. 149, § 1; P.L. 1990, ch. 329, § 1; P.L. 1990, ch. 496, § 1; P.L. 1991, ch. 65, § 1; P.L. 1992, ch. 133, art. 37, § 6; P.L. 1992, ch. 133, art. 94, § 1; P.L. 1992, ch. 405, § 1; P.L. 1992, ch. 418, § 5; P.L. 1993, ch. 138, art. 26, § 3; P.L. 1994, ch. 70, art. 35, § 7; P.L. 1995, ch. 370, art. 14, § 7; P.L. 1996, ch. 224, § 1; P.L. 1996, ch. 263, § 1; P.L. 1998, ch. 91, art. 1, § 3; P.L. 1999, ch. 360, § 1; P.L. 2000, ch. 109, § 40; P.L. 2000, ch. 168, § 1; P.L. 2000, ch. 264, § 1; P.L. 2003, ch. 87, § 1; P.L. 2003, ch. 88, § 1; P.L. 2006, ch. 350, § 1; P.L. 2006, ch. 474, § 1; P.L. 2009, ch. 68, art. 5, § 3; P.L. 2010, ch. 23, art. 18, § 2; P.L. 2010, ch. 102, § 1; P.L. 2010, ch. 318, § 1; P.L. 2011, ch. 58, § 2; P.L. 2011, ch. 96, § 2; P.L. 2014, ch. 230, § 1; P.L. 2014, ch. 326, § 1; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1; P.L. 2018, ch. 133, § 1; P.L. 2018, ch. 274, § 1; P.L. 2019, ch. 308, art. 2, § 9; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 24, § 2; P.L. 1950 (s.s.), ch. 2639, § 3; G.L. 1956, § 31-27-2 ; P.L. 1959, ch. 101, § 1; P.L. 1973, ch. 213, § 1; P.L. 1974, ch. 120, § 2; P.L. 1980, ch. 321, § 1; P.L. 1982, ch. 176, § 1; P.L. 1983, ch. 227, § 1; P.L. 1985, ch. 138, § 1; P.L. 1985, ch. 139, § 1; P.L. 1985, ch. 150, § 39; P.L. 1986, ch. 275, § 1; P.L. 1986, ch. 433, § 1; P.L. 1986, ch. 494, § 2; P.L. 1986, ch. 508, § 1; P.L. 1989, ch. 149, § 1; P.L. 1990, ch. 329, § 1; P.L. 1990, ch. 496, § 1; P.L. 1991, ch. 65, § 1; P.L. 1992, ch. 133, art. 37, § 6; P.L. 1992, ch. 133, art. 94, § 1; P.L. 1992, ch. 405, § 1; P.L. 1992, ch. 418, § 5; P.L. 1993, ch. 138, art. 26, § 3; P.L. 1994, ch. 70, art. 35, § 7; P.L. 1995, ch. 370, art. 14, § 7; P.L. 1996, ch. 224, § 1; P.L. 1996, ch. 263, § 1; P.L. 1998, ch. 91, art. 1, § 3; P.L. 1999, ch. 360, § 1; P.L. 2000, ch. 109, § 40; P.L. 2000, ch. 168, § 1; P.L. 2000, ch. 264, § 1; P.L. 2003, ch. 87, § 1; P.L. 2003, ch. 88, § 1; P.L. 2006, ch. 350, § 1; P.L. 2006, ch. 474, § 1; P.L. 2009, ch. 68, art. 5, § 3; P.L. 2010, ch. 23, art. 18, § 2; P.L. 2010, ch. 102, § 1; P.L. 2010, ch. 318, § 1; P.L. 2011, ch. 58, § 2; P.L. 2011, ch. 96, § 2; P.L. 2014, ch. 230, § 1; P.L. 2014, ch. 326, § 1; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1; P.L. 2018, ch. 133, § 1; P.L. 2018, ch. 274, § 1; P.L. 2019, ch. 308, art. 2, § 9; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        This section was amended by three acts ( P.L. 2010, ch. 23, art. 18, § 2; P.L. 2010, ch. 102, § 1; P.L. 2010, ch. 318, § 1) passed by the 2010 General Assembly. Since the changes are not in conflict with each other, this section is set out as amended by all three acts.

        P.L. 2010, ch. 102, § 1, and P.L. 2010, ch. 318, § 1, enacted identical amendments to this section.

        P.L. 2011, ch. 58, § 2, and P.L. 2011, ch. 96, § 2 enacted identical amendments to this section.

        P.L. 2014, ch. 230, § 1, and P.L. 2014, ch. 326, § 1 enacted identical amendments to this section.

        P.L. 2016, ch. 127, § 1, and P.L. 2016, ch. 141, § 1 enacted identical amendments to this section.

        P.L. 2018, ch. 133, § 1, and P.L. 2018, ch. 274, § 1 enacted identical amendments to this section.

        P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

        P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

        P.L. 2021, ch. 170, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        P.L. 2021, ch. 171, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        Cross References.

        Mandatory revocation of license on conviction, § 31-11-6 .

        Snowmobiles and recreational vehicles, applicability of section, § 31-3.2-7 .

        Law Reviews.

        Caselaw Survey Section: Criminal Law, see Roger Williams Univ. L. Rev. 646 (1999).

        2000 Survey of Rhode Island Law, see 6 R.W.U.L. Rev. 593 (2001).

        NOTES TO DECISIONS

        Constitutionality.

        One convicted under this section cannot, by a suit to enjoin the suspension of his operator’s license because of such conviction, challenge the constitutionality of § 31-27-2.1 . King v. Williamson, 103 R.I. 640 , 240 A.2d 408, 1968 R.I. LEXIS 843 (1968).

        Applicability.

        Because the defendant’s blood-alcohol analysis was directed and performed by hospital personnel in the ordinary course of administering medical treatment, and not by law enforcement officials, this section was not applicable to bar the test result and it was properly admitted into evidence at the defendant’s trial, even though he had refused to submit to any chemical testing. State v. Collins, 679 A.2d 862, 1996 R.I. LEXIS 191 (R.I. 1996).

        This statute has no applicability to those situations wherein blood tests are performed by private medical providers for the purpose of assisting in the furnishing of medical treatment, but applies only to blood-taking initiated by the state, including police officers, for the purpose of possible prosecution. State v. Presler, Sup. Ct. Op. No. 95-722 C.A. (R.I. 1996).

        Denial of benefits under an accidental death policy was proper because the plan administrator had substantial evidence that the insured was severely intoxicated when he died in a one-car crash. The toxicology report indicated that the insured’s blood alcohol content at the time of his death was in the range of .231% to .265%, some three times the legal limit set forth in R.I. Gen. Laws § 31-27-2 . Stamp v. Metro. Life Ins. Co., 531 F.3d 84, 2008 U.S. App. LEXIS 13770 (1st Cir.), cert. denied, 555 U.S. 1062, 129 S. Ct. 636, 172 L. Ed. 2d 639, 2008 U.S. LEXIS 8706 (2008).

        Charging Officer.

        The police officers complied with this section even though an officer who was not the arresting officer informed the defendant of his rights under the section. The officer would be considered the “charging” officer in these circumstances. State v. Langella, 650 A.2d 478, 1994 R.I. LEXIS 270 (R.I. 1994).

        Chemical Tests.

        There is no constitutionally protected right to counsel at the moment of decision concerning the taking of the breathalyzer test. Dunn v. Petit, 120 R.I. 486 , 388 A.2d 809, 1978 R.I. LEXIS 693 (1978).

        The administration of a breathalyzer examination at the police station following arrest constituted a search within the meaning of U.S. Const., 4th amend.State v. Berker, 120 R.I. 849 , 391 A.2d 107, 1978 R.I. LEXIS 733 (1978).

        A town’s failure to preserve a sample of the defendant’s breath used in a breathalyzer test did not violate the defendant’s due process rights under either the federal or Rhode Island constitution. State v. Williams, 480 A.2d 1383, 1984 R.I. LEXIS 596 (R.I. 1984).

        A town’s failure to preserve a sample of the defendant’s breath used in a breathalyzer test did not violate the defendant’s right to confront and cross-examine the evidence against him. State v. Williams, 480 A.2d 1383, 1984 R.I. LEXIS 596 (R.I. 1984).

        The defendant was not denied equal protection under the law by the fact that some cities and towns in Rhode Island preserved samples of breath used in breathalyzer tests, but the town in which he was tested did not preserve samples. State v. Williams, 480 A.2d 1383, 1984 R.I. LEXIS 596 (R.I. 1984).

        Although the compulsory administration of a blood test does constitute a search within the meaning of the fourth amendment, it is an “appropriate incident” to an arrest for driving under the influence, and as long as it is conducted in a reasonable fashion, it is justified absent a warrant. In re Kean, 520 A.2d 1271, 1987 R.I. LEXIS 410 (R.I. 1987).

        There is no constitutional right to counsel at the breathalyzer stage of a driving-while-under-the-influence proceeding. In re Kean, 520 A.2d 1271, 1987 R.I. LEXIS 410 (R.I. 1987).

        A 17-year-old-juvenile’s consent to a breathalyzer test was intelligently given, where he had had previous experience with the court involving an identical offense two months earlier, he chose not to request his parents’ presence at the station, and when contacted by police, his father showed no interest in coming to the station. In re Kean, 520 A.2d 1271, 1987 R.I. LEXIS 410 (R.I. 1987).

        This section requires the state to prove a driver’s blood-alcohol concentration at the time he or she was stopped on suspicion of driving under the influence. State v. Lusi, 625 A.2d 1350, 1993 R.I. LEXIS 162 (R.I. 1993).

        The trier of fact may draw an inference from the results of a breathalyzer test that the blood-alcohol concentration at the time of the test was the same as at the time of actual driving and that the intervention of expert testimony to extrapolate the results of the test back to the time of driving is not required. The defendant may offer evidence to rebut this presumption that the blood alcohol concentration at the time of the testing was as great at the time of actual driving. State v. Lusi, 625 A.2d 1350, 1993 R.I. LEXIS 162 (R.I. 1993).

        This section does not require the state to proceed exclusively on either observations or chemical test results. The state may supplement the breathalyzer tests results with other admissible evidence to prove a violation of this section. State v. Lusi, 625 A.2d 1350, 1993 R.I. LEXIS 162 (R.I. 1993).

        Failure to follow a procedural “checklist” in administering the chemical test does not <<<<<<< HEAD per se render invalid the results of the chemical test; rather, it must be demonstrated that the deviation from the “checklist” actually affected the validity of the test results. State ex rel. Town of Middletown v. Snyder, 692 A.2d 705, ======= per se render invalid the results of the chemical test; rather, it must be demonstrated that the deviation from the “checklist” actually affected the validity of the test results. State ex rel. Town of Middletown v. Snyder, 692 A.2d 705, >>>>>>> origin/main 1997 R.I. LEXIS 86 (R.I. 1997).

        Since the pertinent department of health regulations promulgated under this section are silent in respect to the timing of the removal and insertion of the mouthpieces between breath samples, and since no evidence was presented to show that the timing of the removal and insertion of the mouthpieces affects the validity of the breathalyzer test, it was error to hold the results of the test in this case inadmissible. State ex rel. Town of Middletown v. Snyder, 692 A.2d 705, 1997 R.I. LEXIS 86 (R.I. 1997).

        Trial court erred in rejecting the department of health’s interpretation of the regulation that was authorized under § 31-27-2(c)(4) (now see § 31-27-2(c)(5) ), regarding the testing of breath-test equipment; the interpretation was reasonable, since it adhered to the equipment manufacturer’s standards and to the statutory purpose for testing. State v. Cluley, 808 A.2d 1098, 2002 R.I. LEXIS 199 (R.I. 2002).

        Evidence presented by the prosecution was sufficient to satisfy the foundational requirements established by R.I. Gen. Laws § 31-27-2(c)(4) and (5), and a trial court did not abuse its discretion in ruling that the prosecution had met its burden of proof pursuant to R.I. R. Evid. 104 (a), such that denial of defendant’s motion in limine to exclude the breathalyzer test results, granting the prosecution’s motion in limine to admit those results, and denying defendant’s suppresision motion was proper; defendant offered no evidence to rebut the prosecution’s evidence concerning the foundational requirements. State v. Ensey, 881 A.2d 81, 2005 R.I. LEXIS 175 (R.I. 2005).

        Since a trial court properly deferred to the Department of Health’s interpretation of its own regulations and it was probable that defendant’s blood alcohol level was higher than reported by the breath test, it correctly rejected defendant’s arguments that a blood alcohol result should be suppressed in regard to a R.I. Gen. Laws § 31-27-2 charge. State v. Swindell, 895 A.2d 100, 2006 R.I. LEXIS 45 (R.I. 2006).

        The implied consent codified in § 31-27-2.1 is applicable only in license revocation proceedings, whereas consent within the meaning of § 31-27-2(b)(1) (now see § 31-27-2(c)(1) ) must be actual and may not be implied, and the state has the burden of demonstrating that the consent was freely and knowingly given, uninduced by not only actual but implied duress. State v. Berker, 120 R.I. 849 , 391 A.2d 107, 1978 R.I. LEXIS 733 (1978).

        A finding that the defendant voluntarily consented to a blood alcohol test is not clearly wrong, where the record indicates that he was informed of his rights and that he acknowledged both orally and in writing that he understood his rights, and where the record is devoid of any evidence that he ever expressed a desire to refuse to take a breath test. State v. St. Jean, 554 A.2d 206, 1989 R.I. LEXIS 15 (R.I. 1989).

        Since the defendant was properly informed that his registration could be immediately suspended if he did not provide proof of financial responsibility and since the defendant consented to the chemical test, all practical notice requirements were fulfilled. State v. Leca, 654 A.2d 1219, 1995 R.I. LEXIS 56 (R.I. 1995).

        In a prosecution under this section, it was error to exclude breathalyzer test results on the basis that the defendant’s consent to the test was not valid because he was not advised that an out-of-state conviction of driving under the influence could be used to enhance the penalty for a subsequent Rhode Island conviction for the same offense. State ex rel. Town of Middletown v. Anthony, 713 A.2d 207, 1998 R.I. LEXIS 180 (R.I. 1998).

        Driving Under Influence and Refusing Test.

        Refusing a breathalyzer test and driving under the influence of liquor are wholly distinct and separate offenses since each requires proof of one or more elements which the other does not. State v. Hart, 694 A.2d 681, 1997 R.I. LEXIS 132 (R.I. 1997).

        Evidence.

        In a criminal case for operating a motor vehicle on a public highway while under the influence of intoxicating liquor, defendant was not prejudiced by testimony of arresting officer that defendant was in a condition unfit to operate a car, officer having been permitted to testify as to his previous experience in examining persons. State v. Poole, 97 R.I. 215 , 197 A.2d 163, 1964 R.I. LEXIS 66 (1964).

        The testimony of a physician detailing his examination of the defendant and concluding with the opinion that defendant “was under the influence of alcohol to a degree that rendered him unfit to drive” was not improper as invading the province of the jury. State v. Kozukonis, 100 R.I. 298 , 214 A.2d 893, 1965 R.I. LEXIS 393 (1965).

        Testimony of an examining physician, based upon tests and observations, that the defendant was under the influence of liquor and unfit to operate a vehicle constituted evidence which was susceptible of the reasonable inference on the part of the jury that the extent of defendant’s intoxication was sufficient to render him incapable of safely operating his motor vehicle. State v. Shilo, 101 R.I. 533 , 225 A.2d 524, 1967 R.I. LEXIS 796 (1967).

        In the trial of one charged under this section, it was error to refuse to permit counsel for defendant to cross-examine a physician who testified for the state, without physical examination or chemical tests, that defendant was under the influence of intoxicating beverages to a degree which rendered him incapable of safely operating a motor vehicle as to how he made such determination from direct observation without chemical tests. State v. De Cristofaro, 102 R.I. 193 , 229 A.2d 613, 1967 R.I. LEXIS 670 (1967).

        Defendant’s acquittal on charge of driving under the influence of liquor does not preclude the introduction of such evidence in the trial of defendant for driving so as to endanger, death resulting. State v. Amaral, 109 R.I. 379 , 285 A.2d 783, 1972 R.I. LEXIS 1196 (1972).

        Whenever question of consumption of alcoholic beverages is raised under this statute, trial justice should conduct preliminary hearing on the issue in absence of jury and admit evidence of intoxication for jury determination only where different minds can naturally and fairly come to different conclusions on the issue. State v. Amaral, 109 R.I. 379 , 285 A.2d 783, 1972 R.I. LEXIS 1196 (1972).

        Evidence that drugs were present in the vehicle was not relevant when the driving-under-the-influence charge had been modified to include only alcohol and not drugs. State v. Burke, 427 A.2d 1302, 1981 R.I. LEXIS 1057 (R.I. 1981).

        Although the rights form the defendant signed warned of a minor monetary sanction that is no longer in effect and although the police inadvertently omitted to note on the form the defendant’s right to an additional chemical test, these errors were de minimis and certainly did not warrant suppression of the chemical test results. State v. Ryll, 648 A.2d 1360, 1994 R.I. LEXIS 246 (R.I. 1994).

        If a blood alcohol level test has not been administered or if the test shows a level of less than 0.10 percent, a conviction under this section or § 31-27-2.2 shall be sustained if the totality of other competent evidence establishes beyond a reasonable doubt that a person was under the influence. State v. DiCicco, 707 A.2d 251, 1998 R.I. LEXIS 19 (R.I. 1998).

        After two separate breathalyzer tests were performed, the first measuring the defendant’s blood-alcohol concentration at 0.105 percent and the second at 0.093 percent, the second reading did not preclude a guilty verdict because the totality of the evidence established that defendant was under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. State v. McKenna, 709 A.2d 1027, 1998 R.I. LEXIS 117 (R.I. 1998).

        There could be no sufficient evidence to support drunk driving charges against a defendant whose blood alcohol was never measured under a version of the statute that based all the penalties on particular blood alcohol levels; since penal statutes had to be strictly construed, the trial court should not have attempted to fill the gap in the legislation by deciding that it allowed the appropriateness of a particular penalty to be determined in other ways. State v. DelBonis, 862 A.2d 760, 2004 R.I. LEXIS 187 (R.I. 2004).

        Evidence was sufficient to convict defendant of driving under the influence of alcohol because the trial justice recalled defendant’s and his girlfriend’s testimony that, when stopped, they were traveling from a party where defendant drank alcohol; defendant was driving on a public street in Rhode Island; the lieutenant testified that he smelled alcohol on defendant’s breath, and observed bloodshot eyes and slurred speech; and a blood alcohol test revealed an alcohol content of .097 grams per deciliters (.097 percent), which exceeded the .08 percent minimum statutory amount. State v. Edwards, 147 A.3d 982, 2016 R.I. LEXIS 108 (R.I. 2016).

        Instructions.

        The statement of the trial justice in giving his instructions in a criminal complaint against the operator of a motor vehicle charged with operating while under the influence of intoxicating liquor that “he need not drive his automobile recklessly in order to be guilty of this offense” when considered in connection with the context of the entire statement from which the objected to statement was lifted, made it clear that it was defendant’s intoxication “while driving” that would have to be found before the jury could return a verdict of guilty, and therefore instruction was proper. State v. Weeden, 94 R.I. 1 , 177 A.2d 182, 1962 R.I. LEXIS 19 (1962).

        Trial court did not provide the jury with improper instructions in defendant’s trial on a charge of driving under the influence, in violation of R.I. Gen. Laws § 31-27-2 , where it instructed the jury as to how it should consider the results of the breathalyzer machine, as defendant had made erroneous and misleading contentions as to the validity of the test during his closing, and the trial court merely provided cautionary and correct instructions as to each party’s burden of proof; the trial court judge had the right, pursuant to R.I. Gen. Laws § 8-2-38 , to sum up and comment on the evidence to the jury. State v. Ensey, 881 A.2d 81, 2005 R.I. LEXIS 175 (R.I. 2005).

        Joint Trial for Driving So as to Endanger.

        Where the defendant was being tried for both driving so as to endanger (§ 31-27-1 ) and driving under the influence of alcohol, the trial justice did not abuse his discretion in refusing to conduct a pretrial hearing on the intoxication issue or in denying the defendant’s motion to sever. State v. Northup, 486 A.2d 589, 1985 R.I. LEXIS 418 (R.I. 1985).

        Jurisdiction.

        Police officer from a neighboring municipality had jurisdiction to arrest drunk driver in another jurisdiction where driver ran a road block; the neighboring police’s help had been requested because of an emergency created by highway accident. State v. Ceraso, 812 A.2d 829, 2002 R.I. LEXIS 249 (R.I. 2002).

        Since it was clear that the district court had jurisdiction over misdemeanor prosecutions for driving under the influence, the superior court likewise had jurisdiction over an appeal de novo as of right from a guilty finding of the district court; whether the evidence actually showed the elements of the offense was an issue separate from subject matter jurisdiction. State v. DelBonis, 862 A.2d 760, 2004 R.I. LEXIS 187 (R.I. 2004).

        Notice of Test Results.

        This section does not require that breathalyzer test results be sent by registered or certified mail. Therefore, the police officers’ use of regular mail did not bar the admissibility of the test results. State v. Couchon, 666 A.2d 418, 1995 R.I. LEXIS 227 (R.I. 1995).

        Operating or Driving a Motor Vehicle.

        Sitting at the controls of an idling motor vehicle while intoxicated does not constitute operating or driving a motor vehicle pursuant to this section. State v. Capuano, 591 A.2d 35, 1991 R.I. LEXIS 92 (R.I. 1991).

        The trial justice erred in denying defendant’s motion for judgment of acquittal by concluding that being at the controls of an idling motorcycle while intoxicated constituted either operating or driving a motor vehicle within the meaning of this section. State v. Capuano, 591 A.2d 35, 1991 R.I. LEXIS 92 (R.I. 1991).

        Repeated episodes of erratic driving at an early morning hour provided probable cause for the stop. State v. Leca, 654 A.2d 1219, 1995 R.I. LEXIS 56 (R.I. 1995).

        Pleading.

        Where arrest was lawful, plea in abatement arguing merely that erratic driving was no offense did not affect the jurisdiction of a complaint for operating under the influence. State v. Cambio, 71 R.I. 453 , 46 A.2d 872, 1946 R.I. LEXIS 21 (1946).

        Res Judicata.

        Where the Supreme Court, by constitutional mandate the final arbiter of litigated matters, had made a prior ruling on the admissibility of blood testing evidence which the defendant later sought, in a second motion, to have reexamined and redetermined by a Superior Court trial justice, res judicata precluded the lower court from revisiting the issue. State v. Presler, 731 A.2d 699, 1999 R.I. LEXIS 137 (R.I. 1999).

        Collateral References.

        Admissibility and sufficiency of extrapolation evidence in DUI prosecutions. 119 A.L.R.5th 379.

        Admissibility in criminal case of blood alcohol test where blood was taken despite defendant’s objection or refusal to submit to test. 14 A.L.R.4th 690.

        Admissibility in vehicle accident case, of evidence as to manner in which participant was driving before reaching scene of accident, to show intoxication of driver. 46 A.L.R.2d 21.

        Admissibility in vehicle accident case, of evidence of opposing party’s intoxication where litigant’s pleading failed to allege such fact. 26 A.L.R.2d 359.

        Admissibility of evidence showing plaintiff ’s antecedent intemperate habits, in personal injury motor vehicle accident action. 46 A.L.R.2d 103.

        Applicability, to operation of motor vehicle on private property, of legislation making drunken driving a criminal offense. 52 A.L.R.5th 655.

        Assimilation, under Assimilative Crimes Act (18 U.S.C.S. § 13), of state statutes relating to driving while intoxicated or under influence of alcohol. 175 A.L.R. Fed. 293.

        Authentication of blood sample taken from human body for purposes of determining blood alcohol content. 76 A.L.R.5th 1.

        Civil liability of person driving automobile while under influence of liquor, effect of statute as to. 56 A.L.R. 327.

        Claim of diabetic reaction or hypoglycemia as defense in prosecution for driving while under influence of alcohol or drugs. 17 A.L.R.6th 757.

        Common-law liability based on entrusting car to intoxicated driver, or to driver likely to become intoxicated. 168 A.L.R. 1364.

        Conflict between statutes and local regulations as to intoxication of driver. 21 A.L.R. 1212; 64 A.L.R. 993; 147 A.L.R. 522.

        Construction and application of statutes creating presumption or other inference of intoxication from specified percentages of alcohol present in system. 16 A.L.R.3d 748.

        Degree or nature of intoxication for purposes of statute or ordinance making it a criminal offense to operate an automobile while in that condition. 142 A.L.R. 555.

        Driving automobile while intoxicated as a substantive criminal offense. 42 A.L.R. 1498; 49 A.L.R. 1392; 68 A.L.R. 1356.

        Driving under the influence, or when addicted to the use, of drugs as criminal offense. 17 A.L.R.3d 815.

        Guest’s knowledge that automobile driver has been drinking as precluding recovery under guest statutes or equivalent common-law rule. 15 A.L.R.2d 1165.

        Horseback riding or operation of horse-drawn vehicle as within drunk driving statute. 71 A.L.R.4th 1129.

        Indictment for driving while intoxicated, necessity and sufficiency. 68 A.L.R. 1374.

        Intoxication of automobile driver as basis for awarding punitive damages. 33 A.L.R.5th 303.

        Intoxication of driver as basis for punitive damages. 65 A.L.R.3d 656.

        Intoxication of person injured or killed, as affecting applicability of last clear chance doctrine. 26 A.L.R.2d 308.

        Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods. 96 A.L.R.3d 745.

        Operation of bicycle as within drunk driving statute. 73 A.L.R.4th 1139.

        Operation of mopeds and motorized recreational two-, three-, and four-wheeled vehicles as within scope of driving while intoxicated statutes. 32 A.L.R.5th 659.

        Reckless driving as lesser included offense of driving while intoxicated or similar charge. 10 A.L.R.4th 1252.

        Reckless driving, operating motor vehicle while intoxicated as, where driving while intoxicated is made a separate offense. 86 A.L.R. 1274; 52 A.L.R.2d 1337.

        Validity, Construction, and Application of Statutes Establishing “24/7” Sobriety Programs, Requiring Persons Accused or Convicted of DUI or Similar Offenses to Submit to Regular Breath Testing as Condition of Pretrial Release, Parole, or Suspended Sentence. 28 A.L.R.7th Art. 8 (2018).

        Validity, construction, and application of statute permitting forfeiture of motor vehicle for operating while intoxicated. 89 A.L.R.5th 539.

        What amounts to reckless driving within statute making such a criminal offense? 52 A.L.R.2d 1337.

        What constitutes driving, being in control of, or operating a motor vehicle within statute making such act while intoxicated, an offense? 93 A.L.R.3d 7.

        What is a “motor vehicle” within statutes making it an offense to drive while intoxicated? 66 A.L.R.2d 1146.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-2.1. Refusal to submit to chemical test.

        1. Any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02 , shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director of the department of health is empowered to make and file, with the secretary of state, regulations that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath and the qualifications and certification of individuals authorized to administer the testing and analysis.
        2. If a person, for religious or medical reasons, cannot be subjected to blood tests, the person may file an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests and a notation to this effect shall be made on his or her license. If that person is asked to submit to chemical tests as provided under this chapter, the person shall only be required to submit to chemical tests of his or her breath or urine. When a person is requested to submit to blood tests, only a physician or registered nurse, or a medical technician certified under regulations promulgated by the director of the department of health, may withdraw blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to have a physician of his or her own choosing, and at his or her own expense, administer chemical tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement officer to submit to the tests, as provided in § 31-27-2 , none shall be given.
          1. At the initial traffic tribunal appearance, the magistrate shall review the incident, action, and/or arrest reports submitted by the law enforcement officer to determine if there exists reasonable grounds to believe that the person had been driving a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof. The magistrate shall also determine if the person had been informed of the penalties incurred as a result of failing to submit to a chemical test as provided in this section and that the person had been informed of the implied consent notice contained in subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be indicated by the presence or aroma of a controlled substance on or about the person or vehicle of the individual refusing the chemical test or other reliable indicia or articulable conditions that the person was impaired due to their intake of a controlled substance.
          2. If the magistrate determines that subsection (b)(1) of this section has been satisfied they shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in this state be immediately suspended. Said suspension shall be subject to the hardship provisions enumerated in § 31-27-2 .8.
        3. A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant to the terms of subsection (d) of this section, shall order as follows:
          1. Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person’s driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2 .8.
          2. Every person convicted of a second violation within a five-year (5) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public community restitution; and the person’s driving license in this state shall be suspended for a period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2 .8.
          3. Every person convicted for a third or subsequent violation within a five-year (5) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community restitution; and the person’s operator’s license in this state shall be suspended for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 . The judge or magistrate shall require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a judge or magistrate. At the hearing, the judge or magistrate shall review the person’s driving record, his or her employment history, family background, and any other pertinent factors that would indicate that the person has demonstrated behavior that warrants the reinstatement of his or her license.
          4. For a second violation within a five-year (5) period with respect to a case of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community restitution; and the person’s driving license in this state shall be suspended for a period of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individual. The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8 . Such a violation with respect to refusal to submit to a chemical blood test shall be a civil offense.
          5. For a third or subsequent violation within a five-year (5) period with respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public community restitution; and the person’s driving license in this state shall be suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial officer shall review the person’s driving record, his or her employment history, family background, and any other pertinent factors that would indicate that the person has demonstrated behavior that warrants the reinstatement of their license.
          6. For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or § 31-27-2.
          7. In addition to any other fines, a highway safety assessment of five hundred dollars ($500) shall be paid by any person found in violation of this section, the assessment to be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
          8. In addition to any other fines and highway safety assessments, a two-hundred-dollar ($200) assessment shall be paid by any person found in violation of this section to support the department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g) , that shall be deposited as general revenues, not restricted receipts.
          9. No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, or public community restitution provided for under this section can be suspended.
          10. Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of determining the chemical content of your body fluids or breath. If you refuse this testing, certain penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to one year or modified to permit operation in connection with an ignition interlock device for a period specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and attend a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous offenses within the past five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have criminal penalties, including incarceration up to six (6) months for a second offense and up to one year for a third or subsequent offense, and can carry increased license suspension or ignition interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil penalties may increase. You have the right to be examined at your own expense by a physician selected by you. If you submit to a chemical test at this time, you have the right to have an additional chemical test performed at your own expense. You will be afforded a reasonable opportunity to exercise these rights. Access to a telephone will be made available for you to make those arrangements. You may now use a telephone.” <<<<<<< HEAD =======

            >>>>>>> origin/main Use of this implied consent notice shall serve as evidence that a person’s consent to a chemical test is valid in a prosecution involving driving under the influence of liquor, controlled substances, and/or drugs.

        4. Upon suspending or refusing to issue a license or permit as provided in subsection (a), the traffic tribunal or district court shall immediately notify the person involved in writing, and upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. If the judge finds after the hearing that:
          1. The law enforcement officer making the sworn report had reasonable grounds to believe that the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these;
          2. The person, while under arrest, refused to submit to the tests upon the request of a law enforcement officer;
          3. The person had been informed of his or her rights in accordance with § 31-27-3 ; and
          4. The person had been informed of the penalties incurred as a result of noncompliance with this section, the judge shall sustain the violation. The judge shall then impose the penalties set forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension.
        5. For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is considered a chemical test.
        6. If any provision of this section, or the application of any provision, shall, for any reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provisions or application directly involved in the controversy giving rise to the judgment.
        <<<<<<< HEAD

        History of Section. G.L. 1956, § 31-27-2.1 ; P.L. 1966, ch. 215, § 1; P.L. 1973, ch. 213, § 1; P.L. 1974, ch. 209, § 1; P.L. 1978, ch. 174, § 1; P.L. 1980, ch. 322, § 1; P.L. 1982, ch. 177, § 1; P.L. 1983, ch. 228, § 1; P.L. 1985, ch. 291, § 1; P.L. 1986, ch. 433, § 1; P.L. 1986, ch. 508, § 1; P.L. 1990, ch. 329, § 1; P.L. 1994, ch. 70, art. 35, § 7; P.L. 2006, ch. 232, § 1; P.L. 2006, ch. 235, § 1; P.L. 2006, ch. 246, art. 10, § 1; P.L. 2014, ch. 230, § 1; P.L. 2014, ch. 326, § 1; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1; P.L. 2017, ch. 435, § 1; P.L. 2018, ch. 346, § 24; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

        =======

        History of Section.

        G.L. 1956, § 31-27-2.1 ; P.L. 1966, ch. 215, § 1; P.L. 1973, ch. 213, § 1; P.L. 1974, ch. 209, § 1; P.L. 1978, ch. 174, § 1; P.L. 1980, ch. 322, § 1; P.L. 1982, ch. 177, § 1; P.L. 1983, ch. 228, § 1; P.L. 1985, ch. 291, § 1; P.L. 1986, ch. 433, § 1; P.L. 1986, ch. 508, § 1; P.L. 1990, ch. 329, § 1; P.L. 1994, ch. 70, art. 35, § 7; P.L. 2006, ch. 232, § 1; P.L. 2006, ch. 235, § 1; P.L. 2006, ch. 246, art. 10, § 1; P.L. 2014, ch. 230, § 1; P.L. 2014, ch. 326, § 1; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1; P.L. 2017, ch. 435, § 1; P.L. 2018, ch. 346, § 24; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2014, ch. 230, § 1, and P.L. 2014, ch. 326, § 1 enacted identical amendments to this section.

        P.L. 2016, ch. 127, § 1, and P.L. 2016, ch. 141, § 1 enacted identical amendments to this section.

        P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act shall take effect on January 1, 2015.

        P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act shall take effect on January 1, 2015.

        P.L. 2021, ch. 170, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        P.L. 2021, ch. 171, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        Cross References.

        Snowmobiles and recreational vehicles, applicability of section, § 31-3.2-7 .

        Law Reviews.

        2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

        Kaelyn Phelps, 2017 Survey, Cases: Criminal Law: State v. Pacheco, 23 Roger Williams U. L. Rev. 652 (2018).

        NOTES TO DECISIONS

        Constitutionality.

        The constitutionality of this section could not be challenged in an action to enjoin the suspension of plaintiff ’s operator’s license under §§ 31-11-5 , 31-11-7 and 31-11-14 . King v. Williamson, 103 R.I. 640 , 240 A.2d 408, 1968 R.I. LEXIS 843 (1968).

        The constitutionality of this section could not be challenged by one who failed to exercise his right to a hearing. King v. Williamson, 103 R.I. 640 , 240 A.2d 408, 1968 R.I. LEXIS 843 (1968).

        There is no fundamental constitutional right to drive on the highways; it is a right subject to reasonable control and regulation rationally related to legitimate state interests. The drunk-driving laws are one such reasonable regulation. State v. Locke, 418 A.2d 843, 1980 R.I. LEXIS 1804 (R.I. 1980).

        The administration of a breathalyzer test does not amount to an unreasonable search and seizure under the federal or state constitutions. State v. Roberts, 420 A.2d 837, 1980 R.I. LEXIS 1836 (R.I. 1980).

        The statutory suspension provision of this section effectuates the state’s vital interest and does not impermissibly impose an element of coercion on the actual consent that defendant must first give before the test results may be admitted in a driving-under-the-influence trial. State v. Locke, 418 A.2d 843, 1980 R.I. LEXIS 1804 (R.I. 1980).

        The suspension of a motorist’s registration without first offering him or her the opportunity of a hearing is violative of his or her due-process rights. Levesque v. Rhode Island Dep't of Transp., 626 A.2d 1286, 1993 R.I. LEXIS 194 (R.I. 1993).

        The exigency that exists with a driver’s license that can justify summary suspension does not exist with respect to a motor-vehicle registration. Levesque v. Rhode Island Dep't of Transp., 626 A.2d 1286, 1993 R.I. LEXIS 194 (R.I. 1993).

        Applicability.

        A lawful stop on suspicion of driving under the influence triggers the application of this section. Therefore, when the arresting officer clearly had a reasonable suspicion that the defendant was under the influence, and the defendant refused to take a breathalyzer test, it was error to dismiss the breathalyzer-refusal charge based on the defendant’s claim that his erratic driving and other conduct were the results of medication and not of alcohol consumption. State v. Bruno, 709 A.2d 1048, 1998 R.I. LEXIS 131 (R.I. 1998).

        Traffic tribunal’s dismissal of defendant’s infraction under R.I. Gen. Laws § 31-27-2.3 for refusal to submit to a preliminary breath test did not collaterally estop superior court prosecution for refusal to submit to a chemical test under R.I. Gen. Laws § 31-27-2.1 , because (1) while the State had to prove an officer reasonably believed an operator operated a motor vehicle while under the influence of alcohol or drugs for both crimes, there was no identity of issues, as an operator’s post-arrest behavior irrelevant to the infraction was highly relevant to the chemical test refusal, and (2) the issue as to which defendant sought collateral estoppel was not fully litigated when the traffic tribunal magistrate did not make a specific finding on a material matter of fact. State v. Pacheco, 161 A.3d 1166, 2017 R.I. LEXIS 87 (R.I. 2017).

        Appeals.

        District Court lacks jurisdiction to hear the State’s appeal of a decision of the appeals panel of the Traffic Tribunal; R.I. Gen. Laws § 31-27-2.1 does not provide the State with a vehicle to appeal to the District Court since the definition of a “person” within Title 31 does not include the State. State v. Robinson, 972 A.2d 150, 2009 R.I. LEXIS 81 (R.I. 2009).

        Breathalyzer Tests.

        Nothing in this section requires that each city or town have present in each police station a breathalyzer. Di Salvo v. Williamson, 106 R.I. 303 , 259 A.2d 671, 1969 R.I. LEXIS 629 (1969).

        There is no constitutionally protected right to counsel at the moment of decision concerning the taking of the breathalyzer test. Dunn v. Petit, 120 R.I. 486 , 388 A.2d 809, 1978 R.I. LEXIS 693 (1978).

        A motorist can be charged with refusal to take a breathalyzer test when the driving episode takes place in his driveway. Gentile v. Gill, 560 A.2d 327, 1989 R.I. LEXIS 116 (R.I. 1989).

        The suspension of a motorist’s registration because of his refusal to submit to a chemical breath test, without any warning that as a consequence of the refusal the motorist’s registration would be suspended, and without the opportunity of a prior hearing, is a denial of due process, and the registration suspension should be voided; however, where the motorist is adequately informed of other penalties he could incur because of his failure to submit to the breathalyzer test, those penalties and the violation should be affirmed. Brown v. Rhode Island Dep't of Transp., 638 A.2d 1052, 1994 R.I. LEXIS 99 (R.I. 1994).

        The implied consent codified in this section is applicable only in license revocation proceedings, whereas consent within the meaning of § 31-27-2 must be actual and may not be implied, and the state has the burden of demonstrating that the consent was freely and knowingly given, uninduced by not only actual but implied duress. State v. Berker, 120 R.I. 849 , 391 A.2d 107, 1978 R.I. LEXIS 733 (1978).

        In a prosecution under § 31-27-2 , it was error to exclude breathalyzer test results on the basis that the defendant’s consent to the test was not valid because he was not advised that an out-of-state conviction of driving under the influence could be used to enhance the penalty for a subsequent Rhode Island conviction for the same offense. State ex rel. Town of Middletown v. Anthony, 713 A.2d 207, 1998 R.I. LEXIS 180 (R.I. 1998).

        Evidence.

        Suspension of defendant’s driver’s license due to driving under the influence of liquor could be effected without certification of the competency of breathalyzer operator. Vinal v. Petit, 112 R.I. 787 , 316 A.2d 497, 1974 R.I. LEXIS 1508 (1974).

        The findings at a hearing pursuant to subsection (b) may be made upon whatever evidence is adduced at the hearing and are not dependent upon the validity of the sworn report required by subsection (a). Subsection (b), moreover, does not require a hearing judge to find that the sworn report complied with subsection (a). Therefore, the proper procedure under subsection (b) would have provided the state an opportunity to establish the facts necessary under subsection (b) to sustain the driver’s breathalyzer refusal charge notwithstanding the defect in the sworn report. However, where the hearing judge, relying solely upon the sworn report, chose to dismiss the charge prior to taking any evidence, including the state’s evidence that the driver had in fact been informed of the correct fee, error of law was committed. Link v. State, 633 A.2d 1345, 1993 R.I. LEXIS 254 (R.I. 1993).

        Lawfulness of Stop.

        The state is not required to establish that there existed probable cause for the police to stop a vehicle in order to meet its burden of proof under this section. It is clear that reasonable suspicion is the proper standard for evaluating the lawfulness of a stop. State v. Jenkins, 673 A.2d 1094, 1996 R.I. LEXIS 124 (R.I. 1996).

        Since the police officer testified that he noticed the defendant’s vehicle twice drift over the center line of the highway upon which she was traveling, both times her vehicle’s left wheels contacting the chatterstrip, and the officer also saw the defendant’s vehicle undertake wide turns while both entering and exiting a parking lot, the facts were sufficient to support a finding by the Administrative Adjudication Court of reasonable suspicion that the defendant had been operating her vehicle while under the influence of intoxicating liquor. State v. Jenkins, 673 A.2d 1094, 1996 R.I. LEXIS 124 (R.I. 1996).

        The defendant’s commission of a misdemeanor alone (operation of a unregistered vehicle in violation of § 31-8-2 ) gave the officer probable cause to stop and detain him, and from that point on, any evidence obtained pursuant to the lawful stop, such as the odor of alcohol, slurred speech, and bloodshot eyes, would in effect be in plain view of the arresting officer and would support an arrest for suspicion of driving while under the influence. State v. Bjerke, 697 A.2d 1069, 1997 R.I. LEXIS 221 (R.I. 1997).

        Legislative Intent.

        The legislature included the consent requirement to prevent a violent confrontation between an arresting officer and a suspect unwilling to submit to a test of this sort. State v. Locke, 418 A.2d 843, 1980 R.I. LEXIS 1804 (R.I. 1980).

        Persons who had been stopped by police officers and suspected of driving under the influence were not entitled to a declaratory judgment, under the Uniform Declaratory Judgments Act, R.I. Gen. Laws § 9-30-1 et seq., that the enactment of 2006 R.I. Pub. Laws 246 (budget bill), subsequent to the enactment of 2006 R.I. Pub. Laws 232 (refusal bill), negated the increased penalties of the refusal bill; the obvious purpose of the budget bill, to increase revenue for the Department of Health, and the purpose of the refusal bill, to add increased penalties to deter the operation of a motor vehicle while under the influence of liquor or drugs, were not irreconcilably repugnant and could be harmonized with each other. Such v. State, 950 A.2d 1150, 2008 R.I. LEXIS 78 (R.I. 2008).

        The General Assembly clearly intended to give effect to the increased penalty provisions in the refusal bill (Public Laws 2006, ch. 232), as well as to the $200 assessment set forth in the budget bill (P.L. 2006, ch. 246), passed by the same legislature; to hold that the budget bill repealed the refusal bill, as plaintiffs contend, would require this Court to determine that the pre-refusal bill language republished in the budget bill implicitly or expressly repealed the refusal bill. Such v. State, 950 A.2d 1150, 2008 R.I. LEXIS 78 (R.I. 2008).

        Rule of lenity, which relates to construction of criminal statutes and requires the adoption of the less harsh of two possible meanings when faced with an ambiguous criminal statute, did not apply when interpreting P.L. 2006, ch. 246 and P.L. 2006, ch. 232. The wording of the bills was not ambiguous. Such v. State, 950 A.2d 1150, 2008 R.I. LEXIS 78 (R.I. 2008).

        Liability of Police Officers.

        The duty imposed upon a police officer by this section is public in nature. Therefore, an officer is not personally liable to a driver whom he allows to leave after examining him for intoxication. Barratt v. Burlingham, 492 A.2d 1219, 1985 R.I. LEXIS 510 (R.I. 1985).

        Reasonable Suspicion.

        Where the facts given to a law enforcement officer by a motorist at the scene of a hit-and-run accident, as well as the statement made to the officer by the defendant at his home address, gave clear indication that he had been operating his motor vehicle within a matter of a few minutes prior to his encounter with the officer, the appellate panel erred in holding that the trial judge had insufficient evidence upon which to determine that the officer had reasonable suspicion to believe that the defendant had operated his motor vehicle while under the influence of alcohol. State v. Perry, 731 A.2d 720, 1999 R.I. LEXIS 145 (R.I. 1999).

        Refusal.

        Suspension of defendant’s driver’s license pursuant to this section was upheld where, after his arrest, defendant twice refused requests of the police officers to take the required sobriety test, notwithstanding police officers never actually attempted to administer the test to defendant. Di Salvo v. Williamson, 106 R.I. 303 , 259 A.2d 671, 1969 R.I. LEXIS 629 (1969).

        An order dated August 26 informing driver that his registrations would be suspended as of August 30, giving the driver no opportunity to demonstrate financial responsibility prior to the suspension of his automobile registration, was a penalty. The police must inform a suspected drunk driver of the possible penalty of loss of his or her registration because of his or her refusal to submit to a chemical test. Levesque v. Rhode Island Dep't of Transp., 626 A.2d 1286, 1993 R.I. LEXIS 194 (R.I. 1993).

        Under the circumstances of this case, <<<<<<< HEAD Miranda warnings were not required prior to the administering of the field sobriety tests and the defendant was adequately advised of the penalties he would incur if he refused to submit to a breathalyzer test. Gemma v. State ex rel. Town of W. Warwick, 655 A.2d 254, ======= Miranda warnings were not required prior to the administering of the field sobriety tests and the defendant was adequately advised of the penalties he would incur if he refused to submit to a breathalyzer test. Gemma v. State ex rel. Town of W. Warwick, 655 A.2d 254, >>>>>>> origin/main 1995 R.I. LEXIS 65 (R.I. 1995).

        Refusing Test and Driving Under Influence.

        Refusing a breathalyzer test and driving under the influence of liquor are wholly distinct and separate offenses as each requires proof of one or more elements which the other does not. State v. Hart, 694 A.2d 681, 1997 R.I. LEXIS 132 (R.I. 1997).

        Suspension of License.

        Where, in his decision affirming suspension of defendant’s driver’s license, registrar erroneously referred to defendant as “complainant” and failed to complete the phrase “refused to submit” [to the requisite sobriety test], such errors in no way affected the validity of the registrar’s suspension order, where it was obvious from a reading of the decision that “complainant” was defendant, and it was apparent what defendant refused to do. Di Salvo v. Williamson, 106 R.I. 303 , 259 A.2d 671, 1969 R.I. LEXIS 629 (1969).

        Collateral References.

        Driving while intoxicated: subsequent consent to sobriety test as affecting initial refusal. 28 A.L.R.5th 459.

        Mental incapacity as justifying refusal to submit to tests for driving while intoxicated. 76 A.L.R.5th 597.

        Suspension or revocation of driver’s license for refusal to take sobriety test. 88 A.L.R.2d 1064.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-2.2. Driving under the influence of liquor or drugs, resulting in death.

        1. When the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of “driving under the influence of liquor or drugs, resulting in death”.
        2. Any person charged with the commission of the offense set forth in subsection (a) of this section shall, upon conviction, be punished as follows:
            1. Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
            2. In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.
          2. Every person convicted of a second or subsequent violation within a five (5) year period in this state or any other state, provided the out-of-state conviction was based on the same blood-alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections. The license privilege shall not be reinstated whether the convictions occurred in this or any other state until evidence satisfactory to the superior court, following a hearing establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1982, ch. 175, § 1; P.L. 1983, ch. 43, § 1; P.L. 1992, ch. 363, § 1; P.L. 1995, ch. 130, § 1; P.L. 1996, ch. 38, § 1.

        Law Reviews.

        Caselaw Survey Section: Criminal Law, see Roger Williams U. L. Rev. 646 (1999).

        2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

        NOTES TO DECISIONS

        Burden of Proof.

        In order to sustain a conviction under subsection (a), the state must produce sufficient evidence for a jury to conclude that the defendant’s manner of operating his or her motor vehicle was a proximate cause of the victim’s death and that the collision occurred while the defendant was legally intoxicated. State v. Benoit, 650 A.2d 1230, 1994 R.I. LEXIS 289 (R.I. 1994).

        Consent to Testing.

        Although this section does not explicitly require that a defendant consent to the taking of a blood test before that test may be introduced as evidence, the consent provisions of § 31-27-2 apply. State v. Timms, 505 A.2d 1132, 1986 R.I. LEXIS 416 (R.I. 1986).

        Findings of fact underlying the issue of voluntariness, in regard to consent to submit to a blood-alcohol test, will not be disturbed on appeal unless clearly erroneous. State v. Bruskie, 536 A.2d 522, 1988 R.I. LEXIS 156 (R.I. 1988).

        Evidence.

        If a blood alcohol level test has not been administered or if the test shows a level of less than 0.10 percent, a conviction under this section or § 31-27-2 shall be sustained if the totality of other competent evidence establishes beyond a reasonable doubt that a person was under the influence. State v. DiCicco, 707 A.2d 251, 1998 R.I. LEXIS 19 (R.I. 1998).

        — Not Sufficient.

        Since there was scant evidence in the record, other than his presence on the highway, to show that the defendant’s manner of driving was a proximate cause of the death and injury in question and, in fact, there was evidence that the defendant tried to swerve out of the way of an oncoming car, the legally intoxicated defendant was not criminally responsible for the accident. State v. Benoit, 650 A.2d 1230, 1994 R.I. LEXIS 289 (R.I. 1994).

        Sentence Modification.

        R.I. Gen. Laws § 31-27-2.2 did not allow a trial court, almost two years after sentencing a defendant for driving under the influence, death resulting, to modify the sentence imposed and grant defendant’s motion to be placed in a work release program because the statute gave the court discretion that was only exercisable at sentencing and not thereafter, as sentencing was a discrete act and not an ongoing process. State v. Graff, 17 A.3d 1005, 2011 R.I. LEXIS 47 (R.I. 2011).

        Collateral References.

        Claim of diabetic reaction or hypoglycemia as defense in prosecution for driving while under influence of alcohol or drugs. 17 A.L.R.6th 757.

        Validity, Construction, and Application of Statutes Establishing “24/7” Sobriety Programs, Requiring Persons Accused or Convicted of DUI or Similar Offenses to Submit to Regular Breath Testing as Condition of Pretrial Release, Parole, or Suspended Sentence. 28 A.L.R.7th Art. 8 (2018).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-2.3. Revocation of license upon refusal to submit to preliminary breath test.

        1. When a law enforcement officer has reason to believe that a person is driving or in actual physical control of any motor vehicle in this state while under the influence of alcohol, the law enforcement officer may require the person to submit to a preliminary breath analysis for the purpose of determining the person’s blood alcohol content. The breath analysis must be administered immediately upon the law enforcement officer’s formulation of a reasonable belief that the person is driving or in actual control of a motor vehicle while under the influence of alcohol, or immediately upon the stop of the person, whichever is later in time. Any chemical breath analysis required under this section must be administered with a device and in a manner approved by the director of the department of health for that purpose. The result of a preliminary chemical breath analysis may be used for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, tests may be taken pursuant to § 31-27-2.1 . The results of a preliminary breath test may not be used as evidence in any administrative or court proceeding involving driving while intoxicated or refusing to take a breathalyzer test, except as evidence of probable cause in making the initial arrest.
        2. If a person refuses, upon a lawful request of a law enforcement officer, to submit to a test under subsection (a) of this section, that person shall be guilty of an infraction and shall be subject to the penalty provided in § 31-41.1-4 . However, it shall be a defense to a charge of refusing a validly requested preliminary breath analysis that the medical condition of a person precluded the giving of any such test.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1982, ch. 326, § 1; P.L. 2002, ch. 292, § 123.

        Law Reviews.

        Kaelyn Phelps, 2017 Survey, Cases: Criminal Law: State v. Pacheco, 23 Roger Williams U. L. Rev. 652 (2018).

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Collateral Estoppel.

        Traffic tribunal’s dismissal of defendant’s infraction under R.I. Gen. Laws § 31-27-2.3 for refusal to submit to a preliminary breath test did not collaterally estop superior court prosecution for refusal to submit to a chemical test under R.I. Gen. Laws § 31-27-2.1 , because (1) while the State had to prove an officer reasonably believed an operator operated a motor vehicle while under the influence of alcohol or drugs for both crimes, there was no identity of issues, as an operator’s post-arrest behavior irrelevant to the infraction was highly relevant to the chemical test refusal, and (2) the issue as to which defendant sought collateral estoppel was not fully litigated when the traffic tribunal magistrate did not make a specific finding on a material matter of fact. State v. Pacheco, 161 A.3d 1166, 2017 R.I. LEXIS 87 (R.I. 2017).

        =======
        Collateral Estoppel.

        Traffic tribunal’s dismissal of defendant’s infraction under R.I. Gen. Laws § 31-27-2.3 for refusal to submit to a preliminary breath test did not collaterally estop superior court prosecution for refusal to submit to a chemical test under R.I. Gen. Laws § 31-27-2.1 , because (1) while the State had to prove an officer reasonably believed an operator operated a motor vehicle while under the influence of alcohol or drugs for both crimes, there was no identity of issues, as an operator’s post-arrest behavior irrelevant to the infraction was highly relevant to the chemical test refusal, and (2) the issue as to which defendant sought collateral estoppel was not fully litigated when the traffic tribunal magistrate did not make a specific finding on a material matter of fact. State v. Pacheco, 161 A.3d 1166, 2017 R.I. LEXIS 87 (R.I. 2017).

        >>>>>>> origin/main

        Collateral References.

        Challenges to use of breath tests for drunk drivers based on claim that partition or conversion ratio between measured breath alcohol and actual blood alcohol is inaccurate. 90 A.L.R.4th 155.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-2.4. Driving while in possession of controlled substances.

        1. In addition to any other penalty prescribed by law, whoever operates any motor vehicle while knowingly having in the motor vehicle or in his or her possession, a controlled substance, as defined in § 21-28-1.02 , except for possession of up to one ounce (1 oz.) of marijuana, shall have his or her license suspended for a period of six (6) months.
        2. This section shall not apply to any person who lawfully possesses a controlled substance, as defined in § 21-28-1.02 , as a direct result and pursuant to a valid prescription from a licensed medical practitioner, or as otherwise authorized by chapter 28 of title 21.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1990, ch. 334, § 1; P.L. 2012, ch. 221, § 3; P.L. 2012, ch. 233, § 3.

        Compiler’s Notes.

        P.L. 2012, ch. 221, § 3, and P.L. 2012, ch. 233, § 3 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2012, ch. 221, § 6, provides that the amendment to this section by that act takes effect on April 1, 2013.

        P.L. 2012, ch. 233, § 6, provides that the amendment to this section by that act takes effect on April 1, 2013.

        Collateral References.

        Use of Medical Marijuana as Defense to Driving Offense or Challenge to Search of Motor Vehicle and Occupants. 43 A.L.R.7th Art. 4 (2019).

        Validity, Construction, and Application of Statutes Establishing “24/7” Sobriety Programs, Requiring Persons Accused or Convicted of DUI or Similar Offenses to Submit to Regular Breath Testing as Condition of Pretrial Release, Parole, or Suspended Sentence. 28 A.L.R.7th Art. 8 (2018).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-27-2.5. Chemical tests to persons under eighteen (18) years of age — Refusal — License suspension.

        1. Any person under eighteen (18) years of age who shall refuse to submit to a chemical test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2 .1, but shall have his or her license suspended on a first violation for six (6) months, subject to the terms of subsection (e) of this section.
        2. Jurisdiction for violations of this section is given to the family court.
        3. If a person as set forth in subsection (a) of this section refuses, upon the request of a law enforcement officer, to submit to a test as provided in § 31-27-2.1 , none shall be given, but a judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that he or she had probable cause to stop the arrested person and reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while impaired by intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these; that the person had been informed of his or her rights in accordance with § 31-27-3 ; that the person had been informed of the implied consent notice contained in subsection (h) of this section; and that the person had refused to submit to the test upon the request of a law enforcement officer; shall promptly order a hearing on whether the person’s operator’s license or privilege to operate a motor vehicle in this state shall be suspended. Upon suspension, the judge shall order the license of the person to be surrendered to the department of administration, division of motor vehicles, within three (3) days.
        4. If the person takes a test, as provided in § 31-27-2 and the test determines the person’s blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) by weight, the person shall be determined to have been driving while impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section, order as follows:
          1. A highway safety assessment of one hundred fifty dollars ($150), or community restitution in lieu of highway safety assessment shall be paid by any person found in violation of this section. The assessment shall be deposited into the general fund.
          2. The person’s driving license shall be suspended for six (6) months on a first violation, and may be suspended for a period of up to twelve (12) months, provided the person also shall attend a special course on driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person’s driving license being suspended until the course or treatment program has been completed.
          3. On a second violation of this section, the person’s driving license shall be suspended until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or drug treatment for the individual.
          4. On a third or subsequent violation, the person’s driving license shall be suspended for an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug treatment for the individual.
          5. No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
        5. Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this section, the family court shall immediately notify the person involved, in writing, as well as the custodial parent if the person is under the age of eighteen (18) years.
        6. The police department which charges any person under eighteen (18) years of age with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or driving while under the influence of liquor or drugs, shall ascertain the name and address of the custodial parent of the person and shall notify the parent in writing within ten (10) days of the charge.
        7. The department of administration, upon issuing a first license to a person sixteen (16) or seventeen (17) years of age, shall provide a written notice of the penalties provided by this section. Any violation of this section shall not be considered a criminal offense.
        8. Implied consent notice for persons under eighteen (18) years of age: <<<<<<< HEAD

          “Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of determining the chemical content of your body fluids or breath. If you refuse this testing, certain penalties can be imposed. These penalties include the following: your Rhode Island driver’s license or privilege to operate a motor vehicle in this state can be suspended for six (6) months or modified to permit operation in connection with an ignition interlock device for a period specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and attend a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous offenses within the past five (5) years, your loss or modification of license, fine, and community service sanctions can increase over those provided for a first offense. All violators shall pay a five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing programs fee, and a license reinstatement fee. If you refuse to submit to a chemical test, you will be required to maintain proof of financial responsibility for three (3) years. Refusal to submit to a chemical test shall not be considered a criminal offense. You have the right to be examined at your own expense by a physician selected by you. If you submit to a chemical test at this time, you have the right to have an additional chemical test performed at your own expense. You will be afforded a reasonable opportunity to exercise these rights. Access to a telephone will be made available for you to make those arrangements. You may now use the telephone.”

          =======

          “Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of determining the chemical content of your body fluids or breath. If you refuse this testing, certain penalties can be imposed. These penalties include the following: your Rhode Island driver’s license or privilege to operate a motor vehicle in this state can be suspended for six (6) months or modified to permit operation in connection with an ignition interlock device for a period specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and attend a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous offenses within the past five (5) years, your loss or modification of license, fine, and community service sanctions can increase over those provided for a first offense. All violators shall pay a five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing programs fee, and a license reinstatement fee. If you refuse to submit to a chemical test, you will be required to maintain proof of financial responsibility for three (3) years. Refusal to submit to a chemical test shall not be considered a criminal offense. You have the right to be examined at your own expense by a physician selected by you. If you submit to a chemical test at this time, you have the right to have an additional chemical test performed at your own expense. You will be afforded a reasonable opportunity to exercise these rights. Access to a telephone will be made available for you to make those arrangements. You may now use the telephone.”

          >>>>>>> origin/main Use of this implied consent notice shall serve as evidence that a person’s consent to a chemical test is valid in a trial for driving under the influence of liquor, controlled substances, and/or drugs.

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        >>>>>>> origin/main History of Section. P.L. 1986, ch. 420, § 1; P.L. 1990, ch. 496, § 1; P.L. 1994, ch. 70, art. 35, § 7; P.L. 1995, ch. 164, § 1; P.L. 1995, ch. 217, § 1; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

        Compiler's Notes.

        P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2021, ch. 170, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        P.L. 2021, ch. 171, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

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        >>>>>>> origin/main 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily injury.

        1. When serious bodily injury of any person other than the operator is caused by the operation of any motor vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor or drugs, resulting in serious bodily injury.
        2. As used in this section, “serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
        3. Any person charged with the commission of the offense set forth in subsection (a) of this section shall, upon conviction, be punished by imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. The license of the person may be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections.
        4. For a second or subsequent conviction under this section within a five (5) year period, a person shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years and by a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections. The license of the person may be revoked for a period of up to four (4) years. The license privilege shall not thereafter be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
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        >>>>>>> origin/main History of Section. P.L. 1987, ch. 571, § 1; P.L. 1992, ch. 363, § 1; P.L. 1995, ch. 130, § 1.

        NOTES TO DECISIONS

        Construction.

        The phrase “caused by the operation of any motor vehicle” in subsection (a) requires the state to prove that the defendant’s manner of operating his or her motor vehicle was a proximate cause of the injury in question. State v. Benoit, 650 A.2d 1230, 1994 R.I. LEXIS 289 (R.I. 1994).

        Superior court erred in dismissing the charges against defendant for driving under the influence of liquor resulting in serious bodily injury, driving so as to endanger resulting in serious bodily injury, and driving with a revoked license because an operator may be distinct and separate from a driver in certain circumstances, and by forcibly seizing control of a moving vehicle when he jumped up from the backseat and grabbed the steering wheel—thus divesting the driver of control—and steering the vehicle off the highway, causing a roll-over crash, defendant placed himself squarely in the realm of an operator of a vehicle. State v. Peters, 172 A.3d 156, 2017 R.I. LEXIS 107 (R.I. 2017).

        Evidence.
        <<<<<<< HEAD
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        >>>>>>> origin/main — Not Sufficient.

        Superior court did not err in denying defendant’s motion for post-conviction relief because the alleged new evidence would not have changed the verdict at trial; it was of no consequence that defendant’s obstructive sleep apnea might have caused him to operate a motor vehicle dangerously even if he were not under the influence of alcohol because defendant acknowledged in open court that he was legally intoxicated when he caused the deaths of two people through the operation of his motor vehicle. Reise v. State, 913 A.2d 1052, 2007 R.I. LEXIS 12 (R.I. 2007).

        Since there was scant evidence in the record, other than his presence on the highway, to show that the defendant’s manner of driving was a proximate cause of the death and injury in question and, in fact, there was evidence that the defendant tried to swerve out of the way of an oncoming car, the legally intoxicated defendant was not criminally responsible for the accident. State v. Benoit, 650 A.2d 1230, 1994 R.I. LEXIS 289 (R.I. 1994).

        Collateral References.

        Validity, Construction, and Application of Statutes Establishing “24/7” Sobriety Programs, Requiring Persons Accused or Convicted of DUI or Similar Offenses to Submit to Regular Breath Testing as Condition of Pretrial Release, Parole, or Suspended Sentence. 28 A.L.R.7th Art. 8 (2018).

        Vertical gaze nystagmus test: Use in impaired driving prosecution. 117 A.L.R.5th 491.

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        >>>>>>> origin/main 31-27-2.7. Driving while impaired.

        1. A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in § 31-27-2 , at the request of a law enforcement officer who believes the person to be driving under the influence of alcohol, shall be determined to have been driving while impaired if the test determines the person’s blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than eight one hundredths of one percent (.08%) by weight.
        2. Should, after a hearing in district court, it be determined that: the results of the test are admissible in that it meets all of the conditions, as set forth in § 31-27-2 ; and the person has been afforded his or her rights as set forth in § 31-27-2 ; then the judge shall order as follows:
          1. A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of community restitution. The fine shall be deposited in the general fund.
          2. The person’s driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person’s driving license being suspended until such time as the course and/or treatment program has been completed.
          3. On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community restitution. The person’s driving license shall be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.
        3. No suspension, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
        4. Any violation of the section shall not be considered a criminal offense.
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        >>>>>>> origin/main History of Section. P.L. 1990, ch. 329, § 2; P.L. 1994, ch. 70, art. 35, § 7; P.L. 1995, ch. 164, § 1; P.L. 1995, ch. 217, § 1; P.L. 2013, ch. 317, § 1; P.L. 2013, ch. 390, § 1.

        Compiler’s Notes.

        P.L. 2013, ch. 317, § 1, and P.L. 2013, ch. 390, § 1 enacted identical amendments to this section.

        Collateral References.

        Validity, Construction, and Application of Statutes Establishing “24/7” Sobriety Programs, Requiring Persons Accused or Convicted of DUI or Similar Offenses to Submit to Regular Breath Testing as Condition of Pretrial Release, Parole, or Suspended Sentence. 28 A.L.R.7th Art. 8 (2018).

        Vertical gaze nystagmus test: Use in impaired driving prosecution. 117 A.L.R.5th 491.

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        >>>>>>> origin/main 31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part of sentence — Requirements.

        1. Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) or convicted under the provisions of § 31-27-2(d)(1) , § 31-27-2(d)(2) , § 31-27-2(d)(3)(i) , or § 31-27-2(d)(3)(ii) , or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) , may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.
          1. Notwithstanding any other sentencing and disposition provisions contained in this chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as evidenced by the presence of controlled substances on or about the person or vehicle, or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition to operating a motor vehicle as provided in this section.
          2. Notwithstanding any other sentencing and disposition provisions contained in this chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as evidenced by the presence of controlled substances on or about the person or vehicle, or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the magistrate may require an ignition interlock system in addition to blood and/or urine testing as a condition to operating a motor vehicle as provided in this section.
        2. Notwithstanding any other provisions contained in this chapter, any mandatory period of license suspension shall, upon request, be reduced by the imposition of an ignition interlock system and/or blood and urine testing ordered by the court or traffic tribunal as follows:
          1. For a violation of § 31-27-2(d)(1) , a person shall be subject to a minimum thirty-day (30) license suspension and an imposition of an ignition interlock system and/or blood and urine testing for three (3) months to one year.
          2. For a violation of § 31-27-2.1(c)(1) , a person shall be subject to a minimum thirty-day (30) license suspension and an imposition of an ignition interlock system and/or blood and urine testing for a period of six (6) months to two (2) years.
          3. For a violation of § 31-27-2(d)(2) , a person shall be subject to a minimum forty-five-day (45) license suspension and an imposition of an ignition interlock system and/or blood and urine testing for a period of six (6) months to two (2) years.
          4. For a violation of § 31-27-2.1(c)(2) , a person shall be subject to a minimum sixty-day (60) license suspension and an imposition of an ignition interlock system and/or blood and urine testing for a period of one to four (4) years.
          5. For a violation of § 31-27-2(d)(3) , a person shall be subject to a minimum sixty-day (60) license suspension and imposition of an ignition interlock system and/or blood and urine testing for a period of one to four (4) years.
          6. For a violation of § 31-27-2.1(c)(3) , a person shall be subject to a minimum ninety-day (90) license suspension and imposition of an ignition interlock system and/or blood and urine testing for a period of two (2) to ten (10) years.
          7. No license suspension shall be subject to more than a thirty-day (30) license suspension based solely upon the imposition of an ignition interlock system.
            1. If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon an initial suspension pursuant to § 31-27-2.1(b)(1) , where there has been a finding or determination that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon request, immediately grant a conditional hardship license after a finding of need pursuant to this section and upon proof of the installation of an ignition interlock device.
            2. If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon an initial suspension pursuant to § 31-27-2.1(b)(1) , where there has been a finding or determination that the motorist was under the influence of drugs, toluene, or a controlled substance, but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a conditional hardship license after a finding of need pursuant to this section and upon proof of blood and urine testing pursuant to this section.
            3. If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled substance, or any combination thereof, the magistrate shall, upon request immediately grant a conditional hardship license after a finding of need pursuant to this section and upon proof of the installation of an ignition interlock device, subject also to the following testing:
                <<<<<<< HEAD
              1. The testing of either blood or urine is being performed by or monitored by a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).
              2. The motorist is required to pay for the substance abuse professional, any testing, retesting, monitoring, and reporting costs of the blood and urine testing.
              3. Samples are to be collected, tested and confirmed by a federally certified laboratory by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate.
              4. Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance with the recommendation of the substance abuse professional. The samples taken thereafter may be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the request. The substance abuse professional shall report to the department of the attorney general within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.
              5. A positive test of urine or blood that evidences any controlled substances shall be reported by the substance abuse professional to the motorist and to the department of the attorney general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own expense, have an opportunity to have the sample retested or reevaluated by an independent testing facility which shall provide the result directly to the substance abuse professional. The attorney general may request, at any time, a copy of any or all test results from the substance abuse professional, which shall forward the requested results within forty-eight (48) hours.
              6. Upon completion of the license suspension, conditional hardship, ignition interlock and substance abuse testing periods, a finalized report shall be presented to the department of motor vehicles prior to any license reinstatement.
              7. If a judge or magistrate determines that a motorist either failed, without good cause, to comply with a sample request or tested positive for any controlled substance, he or she may exercise his or her discretion and revoke the conditional hardship license, extend the time period for the ignition interlock system and/or substance abuse testing for an additional period of up to twelve (12) months and/or impose an additional loss of license for up to twenty-four (24) months.
              8. =======
              9. The testing of either blood or urine is being performed by or monitored by a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).
              10. The motorist is required to pay for the substance abuse professional, any testing, retesting, monitoring, and reporting costs of the blood and urine testing.
              11. Samples are to be collected, tested and confirmed by a federally certified laboratory by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate.
              12. Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance with the recommendation of the substance abuse professional. The samples taken thereafter may be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the request. The substance abuse professional shall report to the department of the attorney general within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.
              13. A positive test of urine or blood that evidences any controlled substances shall be reported by the substance abuse professional to the motorist and to the department of the attorney general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own expense, have an opportunity to have the sample retested or reevaluated by an independent testing facility which shall provide the result directly to the substance abuse professional. The attorney general may request, at any time, a copy of any or all test results from the substance abuse professional, which shall forward the requested results within forty-eight (48) hours.
              14. Upon completion of the license suspension, conditional hardship, ignition interlock and substance abuse testing periods, a finalized report shall be presented to the department of motor vehicles prior to any license reinstatement.
              15. If a judge or magistrate determines that a motorist either failed, without good cause, to comply with a sample request or tested positive for any controlled substance, he or she may exercise his or her discretion and revoke the conditional hardship license, extend the time period for the ignition interlock system and/or substance abuse testing for an additional period of up to twelve (12) months and/or impose an additional loss of license for up to twenty-four (24) months.
              16. >>>>>>> origin/main A motorist who has failed, without good cause, to comply with a sample request or tested positive for any controlled substance for a second time within twelve (12) months of the first failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
        3. However, in any case where a motorist is convicted of an alcohol-related offense pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to any imposition of the hardship license. The hardship license shall be valid for twelve (12) continuous hours per day for any valid reason approved in advance by the sentencing judge or magistrate, which shall include employment, medical appointments, job training, schooling, or religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per day. A hardship license shall only be granted in conjunction with the installation of an ignition interlock device and/or blood and urine testing. Any conditional driving privileges must be set by the sentencing judge or magistrate after a hearing in which the motorist must provide proof of employment status and hours of employment, or any other legitimate reasons justifying a hardship license. These shall include, but not be limited to, any unemployment training, schooling, medical appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once said hardship period has concluded, the motorist must still be subject to the conditions of the ignition interlock system and/or blood and urine testing as set forth under this section for the period of time as directed by the court. Any individual who violates the requirements of this subsection shall be subject to the penalties enumerated in § 31-11-18.1 .
        4. Any person convicted of an offense of driving under the influence of liquor or drugs resulting in death, § 31-27-2.2 ; driving under the influence of liquor or drugs resulting in serious bodily injury, § 31-27-2.6 ; driving to endanger resulting in death, § 31-27-1 ; or driving to endanger resulting in serious bodily injury, § 31-27-1.1 ; may, in addition to any other penalties provided by law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition interlock system and/or blood and urine testing for one to five (5) years.
        5. Any person who operates a motor vehicle with a suspended license during the period of suspension, and the reason for the suspension was due to a conviction of driving under the influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1 .
        6. When the court orders the use of an ignition interlock system, the judge or magistrate shall cause an appropriate notation to be made on the person’s record that clearly sets forth the requirement for, and the period of the use of, the ignition interlock system.
        7. In addition to the requirements of subsection (f) of this section, the court or traffic tribunal shall:
          1. Require proof of the installation of the ignition interlock system and periodic reporting by the person for the purpose of verification of the proper operation of the ignition interlock system;
          2. Require the person to have the ignition interlock system monitored for the proper use and accuracy by a person, firm, corporation, or other association to be approved by the division of motor vehicles at least once every six (6) months, or more frequently as the circumstances may require; and
          3. Require the person to pay the reasonable cost of leasing or buying, monitoring, and maintenance of the ignition interlock system.
          4. The requirements under subsection (g) of this section shall be the responsibility of the probation department or justice assistance, if the individual is under their control, or the division of motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding of guilt.
        8. Any person granted a conditional hardship license upon proof of installation of an ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period of operation granted by the sentencing judge or magistrate including during the scope of the person’s employment and/or any other valid reason approved by the sentencing judge or magistrate.
        9. If a person is required, in the course of the person’s employment, to operate a motor vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in the course of the person’s employment without installation of an ignition interlock system if the court makes specific findings expressly permitting the person to operate, in the course of the person’s employment, a motor vehicle that is not equipped with an ignition interlock system.
          1. Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
          2. For a second violation within six (6) months from entry of the order, the person violating the order shall be imprisoned for a term of not less than ten (10) days and not more than one year.
        11. For the purposes of this subsection, a violation of the interlock order, includes, but is not limited to:
          1. Altering, tampering, or in any way attempting to circumvent the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section;
          2. Operating a motor vehicle that is not equipped with an ignition interlock system; or
          3. Soliciting or attempting to have another person start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.
        12. Any person who attempts to start, or starts, a motor vehicle equipped with an ignition interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.
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        >>>>>>> origin/main History of Section. P.L. 1990, ch. 405, § 2; P.L. 2014, ch. 230, § 2; P.L. 2014, ch. 326, § 2; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1; P.L. 2021, ch. 170, § 1; P.L. 2021, ch. 171, § 1.

        Compiler’s Notes.

        P.L. 2014, ch. 230, § 2, and P.L. 2014, ch. 326, § 2 enacted identical amendments to this section.

        P.L. 2016, ch. 127, § 1, and P.L. 2016, ch. 141, § 1 enacted identical amendments to this section.

        P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

        P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

        P.L. 2021, ch. 170, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

        P.L. 2021, ch. 171, § 2, provides: “With respect to any provisions of this act that require the department of motor vehicles to modify or upgrade their computer systems, said provisions of the act shall take effect on January 1, 2022, and the remaining provisions of the act shall take effect upon passage [July 6, 2021].”

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        >>>>>>> origin/main 31-27-2.9. Administration of chemical test.

        1. Notwithstanding any provision of § 31-27-2.1 , if an individual refuses to consent to a chemical test as provided in § 31-27-2.1 , and a peace officer, as defined in § 12-7-21 , has probable cause to believe that the individual has violated one or more of the following sections: 31-27-1 , 31-27-1 .1, 31-27-2.2 , or 31-27-2.6 and that the individual was operating a motor vehicle under the influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21-28, or any combination thereof, a chemical test may be administered without the consent of that individual provided that the peace officer first obtains a search warrant authorizing administration of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of a controlled substance in that person’s blood or breath.
        2. The chemical test shall be administered in accordance with the methods approved by the director of the department of health as provided for in subdivision 31-27-2(c)(4) . The individual shall be afforded the opportunity to have an additional chemical test as established in subdivision 31-27-2(c)(6) .
        3. Notwithstanding any other law to the contrary, including, but not limited to, chapter 5-37.3, any health care provider who, as authorized by the search warrant in subsection (a):
          1. Takes a blood or breath sample from an individual; or
          2. Performs the chemical test; or
          3. Provides information to a peace officer pursuant to subsection (a) above and who uses reasonable care and accepted medical practices shall not be liable in any civil or criminal proceeding arising from the taking of the sample, from the performance of the chemical test or from the disclosure or release of the test results.
        4. The results of a chemical test performed pursuant to this section shall be admissible as competent evidence in any civil or criminal prosecution provided that evidence is presented in compliance with the conditions set forth in subdivisions 31-27-2(c)(3) , 31-27-2(c)(4) and 31-27-2(c)(6) .
        5. All chemical tests administered pursuant to this section shall be audio and video recorded by the law enforcement agency which applied for and was granted the search warrant authorizing the administration of the chemical test.
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        >>>>>>> origin/main History of Section. P.L. 2009, ch. 210, § 2; P.L. 2009, ch. 211, § 2.

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        >>>>>>> origin/main 31-27-3. Right of person charged with operating under influence to physical examination.

        A person arrested and charged with operating a motor vehicle while under the influence of narcotic drugs or intoxicating liquor, whatever its alcoholic content, shall have the right to be examined at his or her own expense immediately after the person’s arrest by a physician selected by the person, and the officer so arresting or so charging the person shall immediately inform the person of this right and afford the person a reasonable opportunity to exercise the right, and at the trial of the person the prosecution must prove that he or she was so informed and was afforded that opportunity.

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        History of Section. P.L. 1950, ch. 2595, art. 24, § 2; P.L. 1950 (s.s.), ch. 2639, § 3; G.L. 1956, § 31-27-3 .

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 24, § 2; P.L. 1950 (s.s.), ch. 2639, § 3; G.L. 1956, § 31-27-3 .

        >>>>>>> origin/main

        Law Reviews.

        Caselaw Survey Section: Criminal Procedure, see Roger Williams Univ. L. Rev. 703 (1999).

        NOTES TO DECISIONS

        Compliance.
        <<<<<<< HEAD
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        >>>>>>> origin/main — Sufficient.

        The arresting and charging officers complied with this section both at the scene and later at the station by informing the defendant of his right to use the telephone, even though the defendant apparently did not call a doctor. State v. Langella, 650 A.2d 478, 1994 R.I. LEXIS 270 (R.I. 1994).

        Immediately Informed.

        The word “immediately” as used in this section means as soon as reasonably possible under all the circumstances. State v. Lefebvre, 78 R.I. 259 , 81 A.2d 348, 1951 R.I. LEXIS 68 (1951).

        This section was sufficiently complied with where defendant was informed of his rights three times before his arrest even though he was not so informed after his arrest. State v. Chavis, 83 R.I. 360 , 116 A.2d 453, 1955 R.I. LEXIS 63 (1955).

        The evidence was not such as would have justified the trial justice in ruling as a matter of law that defendant had not been “immediately” informed of his right under this statute within the fair meaning of the word “immediately” as used, when defendant was informed of his right at the scene of the arrest and then a short time later at the police station where defendant availed himself of opportunity to call a doctor of his choice, but the question was one for the jury. State v. Poole, 97 R.I. 215 , 197 A.2d 163, 1964 R.I. LEXIS 66 (1964).

        Collateral References.

        Physical defect, illness, drowsiness, or falling asleep of motor vehicle operator as affecting liability for injury. 28 A.L.R.2d 12; 93 A.L.R.3d 326; 1 A.L.R.4th 556.

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        >>>>>>> origin/main 31-27-3.1. Annual Impaired Driving Report.

        1. The attorney general, with the cooperation of state and municipal police departments, with the district court, the traffic tribunal and the department of transportation shall annually, on or before, the 30th day of April of each year, prepare a written report to the general assembly identifying all cases where an individual is charged with an offense under § 31-27-1 through § 31-27-2.8 of the general laws. The report shall include the numbers of cases charged under each statute, as well as the disposition in each case charged, if any.
        2. In addition to the number of cases charged and their disposition, the report shall identify the number of cases which are filed with dual charges of driving under the influence under § 31-27-1 and refusal to submit to a chemical test under § 31-27-2 , and the disposition of each of these dual charges.
        3. The report shall also identify, in any alcohol or drug related fatality charged under §§ 31-27-1 — 31-27-8 of the general laws, whether the driver of the motor vehicle, a passenger in the motor vehicle or a pedestrian was identified by law enforcement, the medical examiner or any other entity as being under the influence of alcohol or drugs in the fatal accident.
        4. The attorney general shall promulgate any rule or regulation necessary to implement the provisions of this section.
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        >>>>>>> origin/main History of Section. P.L. 2006, ch. 232, § 2; P.L. 2006, ch. 235, § 2.

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        >>>>>>> origin/main 31-27-4. Reckless driving and other offenses against public safety.

        Any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.

        <<<<<<< HEAD

        History of Section. P.L. 1950, ch. 2595, art. 24, § 3; P.L. 1950 (s.s.), ch. 2639, § 3; P.L. 1954, ch. 3300, § 1; P.L. 1956, ch. 3819, § 1; G.L. 1956, § 31-27-4 ; P.L. 1958, ch. 70, §§ 1, 2; P.L. 1967, ch. 64, § 1; P.L. 1982, ch. 386, § 1; P.L. 1984, ch. 340, § 1; P.L. 1995, ch. 203, § 1; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.

        =======

        History of Section.

        P.L. 1950, ch. 2595, art. 24, § 3; P.L. 1950 (s.s.), ch. 2639, § 3; P.L. 1954, ch. 3300, § 1; P.L. 1956, ch. 3819, § 1; G.L. 1956, § 31-27-4 ; P.L. 1958, ch. 70, §§ 1, 2; P.L. 1967, ch. 64, § 1; P.L. 1982, ch. 386, § 1; P.L. 1984, ch. 340, § 1; P.L. 1995, ch. 203, § 1; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.

        >>>>>>> origin/main

        Cross References.

        Mandatory revocation of license on conviction, § 31-11-6 .

        NOTES TO DECISIONS

        Constitutionality.

        This section meets the requirements of Const., art. I, § 10 as to definiteness and certainty. State v. Scofield, 87 R.I. 78 , 138 A.2d 415, 1958 R.I. LEXIS 15 (1958).

        Evidence.

        Where defendant did not dispute that the street in question was a highway open to and traveled by the public, no further proof that it was a “public highway” was required. State v. Scofield, 87 R.I. 78 , 138 A.2d 415, 1958 R.I. LEXIS 15 (1958).

        Finding of defendant guilty of reckless driving under this section was not clearly wrong upon evidence that defendant’s vehicle collided with a utility pole, that defendant was seriously injured and his car substantially damaged, and that his exculpatory statements were contrary to other of his statements more consistent with the tangible evidence. State v. Kingman, 104 R.I. 635 , 247 A.2d 858, 1968 R.I. LEXIS 697 (1968).

        Indictment or Complaint.

        Complaint which charged unlawful operation and operating recklessly so as to endanger life and limb charged an offense with sufficient particularity. State v. Welford, 29 R.I. 450 , 72 A. 396 (1909); overruled on other grounds State v. Lunt, 106 R.I. 384 , 260 A.2d 152 (1969).

        A complaint under this section charging defendant in the disjunctive nevertheless charges him with but a single offense, that of reckless operation and is sufficiently specific to avoid being held invalid as duplicative. State v. Raposa, 107 R.I. 712 , 271 A.2d 306, 1970 R.I. LEXIS 831 (1970).

        Standard of Care.

        Former statute required the same standard of care with respect to a guest in the vehicle as with respect to persons outside the vehicle. Leonard v. Bartle, 48 R.I. 101 , 135 A. 853, 1927 R.I. LEXIS 19 (1927).

        The fact that an operator of a motor vehicle has violated some statutory prohibition or rule of the road does not in and of itself warrant the bringing of a charge of reckless driving. State v. Lunt, 106 R.I. 379 , 260 A.2d 149, 1969 R.I. LEXIS 639 (1969).

        In reckless driving trial a question whether defendant’s operation of vehicle was such a conscious and intentional driving, that defendant, as a reasonable man, should have known that it created risk to safety of his passenger, was for jury regardless of absence of evidence as to rate of speed. State v. Saulnier, 109 R.I. 11 , 280 A.2d 85, 1971 R.I. LEXIS 1018 (1971).

        Collateral References.

        Definiteness and certainty of statute prohibiting reckless driving. 12 A.L.R.2d 580; 52 A.L.R.4th 1161.

        Excuses for exceeding speed limit for automobiles. 29 A.L.R. 883.

        Reckless driving as lesser included offense of driving while intoxicated or similar charge. 10 A.L.R.4th 1252.

        Reckless driving, what amounts to, within statute making it a criminal offense. 86 A.L.R. 1273; 52 A.L.R.2d 1337.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-27-4.1. Eluding a law enforcement officer with a motor vehicle in a high speed pursuit.

        Any person who in an attempt to elude or flee from a police officer in an emergency police vehicle in a high speed pursuit of the person, operates a motor vehicle at speeds greater than fifteen (15) miles per hour over the speed limit, or who causes property damage only in excess of one thousand dollars ($1,000):

        1. For the first conviction, may be subject to the following sanctions:
          1. Up to one year incarceration at the adult correction institutions (A.C.I.) and a fine of five hundred dollars ($500) but not more than one thousand dollars ($1,000);
          2. License suspension of not less than ninety (90) days but not more than six (6) months and forfeiture of the motor vehicle.
        2. For a second or subsequent conviction, the person shall:
          1. Be sentenced to two (2) years at the A.C.I., but not more than five (5) years;
          2. Be fined a fine of two thousand dollars ($2,000) but not more than five thousand dollars ($5,000);
          3. Receive a license suspension of not less than one year but not more than five (5) years; and
          4. Forfeit the motor vehicle.
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        >>>>>>> origin/main History of Section. P.L. 1995, ch. 203, § 2; P.L. 1997, ch. 193, § 2.

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        >>>>>>> origin/main 31-27-4.2. Minimal requirements.

        1. In any criminal action brought under § 31-27-4.1 or 31-27-4.2 in which a high speed pursuit occurs, the following definitions and minimal requirements of the high speed pursuit shall apply and shall be complied with by the charging police department.
        2. Any police department charging a suspect under the provisions of this chapter shall limit the use of continued high speed vehicular pursuits to those situations which involve:
          1. The attempted apprehension of persons wanted for the commission of felonious and/or misdemeanor acts that threaten, have threatened, or will threaten the health, life, or safety of a person or persons; or
          2. The pursuit of a motor vehicle operator who has committed flagrant moving motor vehicle violations which have endangered the lives and safety of others, and was operating in a reckless manner before the pursuit was initiated, and is continuing to operate in a manner that recklessly endangers the lives and safety of others, including, but not limited to, driving under the influence of liquor or drugs.
        3. Definition.  A “high speed pursuit” is the active attempt by a police officer in an authorized emergency vehicle to apprehend the occupants of a running motor vehicle at speeds in excess of fifteen miles per hour (15 MPH) over the speed limit.
        4. Responsibilities of pursuing officer(s).  Upon initiation of a high speed pursuit the officer(s) shall:
          1. As soon as practical communicate to his or her dispatcher his or her location and direction of travel.
          2. Provide the reason for the high speed pursuit.
          3. Communicate the ongoing status of the pursuit at regular intervals including any significant change of circumstances which might affect the decision to either continue or discontinue the pursuit.
          4. Activate all audio (sirens) and visual (emergency lights) warning devices until the high speed pursuit is terminated.
          5. Adhere to all the provisions of §§ 31-12-6 through 31-12-9 .
          6. Terminate the high speed pursuit when in his or her judgment the dangers created by the pursuit outweigh the need for immediate apprehension.
        5. Responsibilities of the officer in charge and/or field supervisor.  In all continued high speed pursuit situations, command responsibility rests with the officer in charge and/or the field supervisor. It shall be the duty of the officer in charge and/or the field supervisor to provide adequate supervision to the officer involved in the high speed pursuit and to:
          1. Track the location of the pursuit.
          2. Review and consider as many facts of the pursuit as are available.
          3. Consider the potential and real dangers of the continuation of the pursuit.
          4. Order the termination of the high speed pursuit when in his or her judgment the dangers created by the pursuit outweigh the need for immediate apprehension.
        6. Interjurisdictional pursuits.  Whenever there exists the possibility of a high speed pursuit extending into another jurisdiction, the officer in charge shall order the surrounding jurisdictions to be notified of the high speed pursuit and of its potential for extending into their jurisdictions. If the high speed pursuit enters a jurisdiction different from the jurisdiction from which it began, then the high speed pursuit policy of the entered jurisdiction shall apply and control and the entered jurisdiction shall have the authority consistent with its policies to terminate the high speed pursuit. For purposes of this chapter, the state police shall have statewide jurisdiction.
          1. Reports.  Whenever a high speed pursuit occurs, each officer involved shall submit a written report to be kept on file of his or her participation in the pursuit and the factual reasons justifying the officer’s participation in the pursuit.
          2. The officer in charge shall also file a written report giving a complete account of the pursuit including his or her factual reason for continuing or terminating the pursuit.
        8. Each police department shall enact policies and procedures which are consistent with these minimum requirements and to provide copies of those policies to the attorney general’s department.
        9. Nothing in this chapter shall be construed to create any additional civil liability upon individuals or their employers who engage in high speed pursuits.
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        >>>>>>> origin/main History of Section. P.L. 1997, ch. 193, § 3.

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        >>>>>>> origin/main 31-27-4.3. Forfeiture of motor vehicle.

        1. Any motor vehicle including, but not limited to, cars, trucks, vessels, or motorcycles, which has been or is being used in violation of § 31-27-4.1 , may be seized and upon conviction forfeited; provided, that no motor vehicle as enumerated in this section used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the vehicle had knowledge, actual or constructive, and was a consenting party to the alleged illegal act.
          1. The motor vehicle taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure. Whenever a motor vehicle is forfeited under this chapter it shall be retained and utilized by the law enforcement agency that seized the vehicle where the use of the vehicle is reasonably related to the law enforcement duties of the seizing agency. If the seized vehicle is inappropriate for use by law enforcement agency for reasons including, but not limited to, style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value of the vehicle towards the purchase of an appropriate vehicle for use for activities reasonably related to law enforcement duties.
          2. As to the proceeds from the sale of the property under subdivision (1) of this subsection, the distribution shall be as follows:
            1. All proceeds of the forfeiture of the motor vehicle shall be distributed as follows: all costs of advertising administrative forfeitures and costs for any damage to any state or municipal vehicles which occurred as a result of the high speed pursuit shall first be deducted from the amount forfeited. Of the remainder, eighty percent (80%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited, and twenty percent (20%) of the proceeds shall be provided to the state victims’ indemnity fund.
            2. Each state or local law enforcement agency shall be entitled to keep the proceeds from sales of forfeited vehicles. The funds shall be used for law enforcement purposes. The funds received by a state law enforcement agency shall be maintained in a separate account by the general treasurer. The funds received by a local law enforcement agency shall be maintained in a separate account by the local agency’s city or town treasurer.
        3. Each law enforcement agency making any seizure(s) which result(s) in a forfeiture pursuant to this section shall certify and file with the state treasurer between January 1 and January 30 an annual report detailing the vehicle or money forfeited during the previous calendar year and the use or disposition of the property or money. The report shall be made in the form and manner that may be provided or specified by the treasurer and the annual law enforcement agency reports as provided in this subsection shall be provided to the local governmental body governing the agency and to the house and senate judiciary committees.
        4. Any law enforcement agency whose duty it is to enforce the laws of this state is empowered to authorize designated officers or agents to carry out the seizure provisions of this chapter. It shall be the duty of any officer or agent so authorized or designated or authorized by law, upon or by means of which any violation of this chapter has taken place or is taking place, to seize the vehicle and to place it in the custody of the person who is authorized or designated for that purpose by the respective law enforcement agency pursuant to those provisions.
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        >>>>>>> origin/main History of Section. P.L. 1997, ch. 193, § 3.

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        >>>>>>> origin/main 31-27-4.4. Motor vehicle forfeiture procedure.

        1. Any criminal complaint, information, or indictment charging a violation of § 31-27-4.1 shall set forth with reasonable particularity the motor vehicle that the attorney general seeks to forfeit pursuant to this section.
          1. The court may, upon application of the attorney general, enter a restraining order or injunction, require any person claiming any interest in the subject vehicle to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of the vehicle subject to forfeiture described in § 31-27-4.3 , whether prior or subsequent to the filing of a complaint, indictment, or information.
          2. Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the vehicle, the hearing, however, to be limited to the issues of whether:
            1. There is a substantial probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the vehicle being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, depreciated in value or otherwise made unavailable for forfeiture; and
            2. The need to preserve the availability of the vehicle through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
          1. A temporary restraining order under this section may be entered upon application of the attorney general without notice or opportunity for a hearing when a complaint, information, or indictment has not yet been filed with respect to the vehicle if the attorney general demonstrates that there is probable cause to believe that the vehicle with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under § 31-27-4.3 and that provision of notice will jeopardize the availability of the vehicle for forfeiture. The temporary restraining order shall expire within ten (10) days of the date on which it is entered unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.
          2. A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.
          3. The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.
        4. Upon conviction of a person for the covered offense, the court may enter a judgment of forfeiture of the vehicle described in § 31-27-4.1 to the state and may also authorize the attorney general to seize the motor vehicle ordered forfeited upon any terms and conditions that the court shall deem proper. Following the entry of an order declaring the vehicle forfeited, the court may, upon application of the attorney general:
          1. Enter appropriate restraining orders or injunctions;
          2. Require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees; or
          3. Take any other action to protect the interest of the state in the property ordered forfeited.
        5. All right, title, and interest in the vehicle described in § 31-27-4.1 vests in the state upon the commission of the act giving rise to forfeiture under this chapter. Any such vehicle that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and shall be ordered forfeited to the state, unless the transferee establishes in a hearing pursuant to subsection (f) of this section that he or she is a bona fide purchaser for value of the vehicle who at the time of purchase was reasonably without cause to believe that the vehicle was subject to forfeiture.
        6. Procedures subsequent to the special verdict of forfeiture shall be as follows:
          1. Following the entry of an order of forfeiture under this section, the state shall publish notice of the order and of its intent to dispose of the vehicle once per week for at least three (3) weeks in any manner that the attorney general may provide by regulation. The attorney general shall also, to the extent practicable, provide written notice to all parties known to have an interest in the vehicle and all parties whose identity is reasonably subject to discovery and who may have an interest in the forfeited vehicle.
          2. Any person, other than the defendant, asserting any interest in the vehicle that has been ordered forfeited to the state pursuant to this section may, within one hundred eighty (180) days of the final publication of notice or his or her receipt of notice under subdivision (1) of this subsection, whichever is earlier, petition the court for a hearing to adjudicate the validity of his or her alleged interest in the vehicle.
          3. The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title, or interest in the vehicle; any additional facts supporting the petitioner’s claim; and the relief sought.
          4. The hearing on the petition shall, to the extent practicable and consistent with the interest of justice, be held within thirty (30) days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant and concerning the same vehicle.
          5. At a hearing, the petitioner may testify and present evidence and witnesses on his or her own behalf, and cross-examine witnesses who appear at the hearing. The state may present evidence and witnesses in rebuttal and in defense of its claim to the vehicle and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case that resulted in the order of forfeiture.
          6. In accordance with its findings at the hearing, the court shall amend the order of forfeiture if it determines that the petitioner has established by a preponderance of the evidence that:
            1. The petitioner has a right, title, or interest in the vehicle, and the right, title or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the vehicle under this section; or
            2. The petitioner is a bona fide purchaser for value of any right, title or interest in the vehicle and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section.
          7. Following the court’s disposition of all petitions filed under this section, or if no such petitions are filed, following the expiration of the period provided in this section for the filing of the petitions, the state shall have clear title to the vehicle that is the subject of the order of forfeiture and shall transfer good and sufficient title to any subsequent purchaser, transferee, or fund as provided in this chapter.
          8. Except as provided in this section, no party claiming an interest in the vehicle subject to forfeiture under this section may:

            (i) Intervene in a trial or appeal of a criminal case involving the forfeiture of the property; or

            (ii) Commence any action against the state concerning the validity of the alleged interest.

        7. In order to facilitate the identification or location of the vehicle declared forfeited and to facilitate the disposition of petitions filed pursuant to this section after the entry of an order declaring a vehicle forfeited to the state, the court may, upon application of the attorney general, order that the testimony of any witness relating to the forfeited vehicle be taken by deposition and that any designated book, paper, document, record, recording (electronic or otherwise), or other material not privileged, be produced at the same time and place, in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.
        8. If the vehicle described in § 31-27-4.1 : (1) cannot be located; (2) has been transferred to, sold to or deposited with a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value by any act or omission of the defendant; the court shall order the forfeiture of any other property of the defendant up to the value of the subject property.
        9. The court shall have jurisdiction to enter orders as provided in this section without regard to the location of any property that may be subject to forfeiture under this section or that has been ordered forfeited under this section.
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        >>>>>>> origin/main History of Section. P.L. 1997, ch. 193, § 3.

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        >>>>>>> origin/main 31-27-4.5. Educational requirement.

        The provisions of this chapter shall be taught in all driver training courses given within the state.

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        >>>>>>> origin/main History of Section. P.L. 1997, ch. 193, § 3.

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        >>>>>>> origin/main 31-27-5. Motor carriers — Maximum driving and on-duty time.

        1. Maximum driving time.  Except for intrastate carrier tows and recovering operations provided at the request of a law enforcement agency for public safety purposes, no motor carrier shall permit or require any driver used by it to drive nor shall any driver exceed the hours for service for drivers as provided in 49 CFR Part 395, as may be amended from time to time.
        2. Drivers may be declared out of service for violations of this section or 49 CFR Part 395 as may be amended from time to time.
        <<<<<<< HEAD

        History of Section. G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-5 ; P.L. 1986, ch. 282, § 3; P.L. 1995, ch. 125, § 1; P.L. 2005, ch. 77, § 7; P.L. 2005, ch. 82, § 7.

        =======

        History of Section.

        G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-5 ; P.L. 1986, ch. 282, § 3; P.L. 1995, ch. 125, § 1; P.L. 2005, ch. 77, § 7; P.L. 2005, ch. 82, § 7.

        >>>>>>> origin/main

        Collateral References.

        Criminal responsibility of motor vehicle operator for accident arising from physical defect, illness, drowsiness, or falling asleep. 63 A.L.R.2d 983.

        Hours of service or other conditions affecting drivers of motor trucks, statutes relating specifically to. 120 A.L.R. 295.

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        >>>>>>> origin/main 31-27-6. Lanes of operation.

        1. Any bus, commercial vehicle, camper, vehicle registered as a camper, trailer, or vehicle carrying a camper or trailer traveling on Rhode Island interstate highways shall be allowed to travel only in the first two (2) right hand lanes, except in cases of left hand exits, in which case the vehicle shall be allowed to enter the third and fourth left hand lanes one mile prior to an exit.
        2. For the purpose of this section, “commercial vehicle” means any vehicle registered for commercial purposes and designed and used primarily for the transportation of goods, wares, or merchandise. “Bus” means any vehicle designed for carrying ten (10) or more passengers and used primarily for the transportation of persons.
        3. The provisions of this section shall only be effective during the period that official traffic signs are in place to notify operators of the provisions of this section. Any persons violating the provisions of this section upon conviction shall be fined not more than eighty-five dollars ($85.00).

        History of Section. G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-6 ; P.L. 1977, ch. 88, § 1; P.L. 1986, ch. 282, § 3; P.L. 2008, ch. 100, art. 12, § 16.

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        History of Section.

        G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-6 ; P.L. 1977, ch. 88, § 1; P.L. 1986, ch. 282, § 3; P.L. 2008, ch. 100, art. 12, § 16.

        >>>>>>> origin/main Applicability.

        P.L. 2008, ch. 100, art. 12, § 16 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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        >>>>>>> origin/main 31-27-7. Commercial vehicles — Off-duty conditions — Emergency exceptions.

        The periods of release from duty required in §§ 31-27-5 and 31-27-6 shall be given at any places and under any circumstances that rest and relaxation from the strain of the duties of employment may be obtained. No period off duty shall be deemed to break the continuity of service unless it is for at least three (3) consecutive hours at a place where there is opportunity for rest. In case of an unfortunate emergency the driver may complete his or her run or tour of duty if the run or tour of duty but for the delay caused by the emergency would reasonably have been completed without a violation of §§ 31-27-5 — 31-27-8 .

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        History of Section. G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-7 .

        =======

        History of Section.

        G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-7 .

        >>>>>>> origin/main 31-27-8. Commercial vehicles — Penalty for excessive hours of driving.

        Any person, or the officers of any corporation, company, or association, who shall violate any provision of §§ 31-27-5 — 31-27-7 , shall be fined not more than five hundred dollars ($500) or imprisoned not more than sixty (60) days, or both.

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        History of Section. G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-8 .

        =======

        History of Section.

        G.L. 1923, ch. 98, § 27; P.L. 1933, ch. 2023, § 1; G.L. 1938, ch. 104, § 1; G.L. 1956, § 31-27-8 .

        >>>>>>> origin/main 31-27-9. Parties to offenses.

        Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared in chapters 1 — 27 or chapter 34 of this title to be a crime, whether individually or in connection with one or more other persons, or as a principal, agent, or accessory, shall be guilty of that offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of those chapters is similarly guilty of the offense.

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        History of Section. P.L. 1950, ch. 2595, art. 36, § 1; G.L. 1956, § 31-27-9 .

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        History of Section.

        P.L. 1950, ch. 2595, art. 36, § 1; G.L. 1956, § 31-27-9 .

        >>>>>>> origin/main 31-27-10. Offenses by persons directing drivers.

        It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of a vehicle upon a highway in any manner contrary to law.

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        History of Section. P.L. 1950, ch. 2595, art. 36, § 2; G.L. 19 31-27-10 .

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        History of Section.

        P.L. 1950, ch. 2595, art. 36, § 2; G.L. 19 31-27-10 .

        >>>>>>> origin/main 31-27-11. Vehicle used as bail.

        Any person arrested for violating any of the provisions of this title may tender as bail a motor vehicle of which he or she is the owner, and, if the person’s interest in the vehicle is of sufficient value, it may be accepted as security for the person’s appearance in lieu of any other bail.

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        History of Section. P.L. 1916, ch. 1354, § 30; G.L. 1923, ch. 98, § 29; G.L. 1938, ch. 104, § 3; G.L. 1956, § 31-27-11 .

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        History of Section.

        P.L. 1916, ch. 1354, § 30; G.L. 1923, ch. 98, § 29; G.L. 1938, ch. 104, § 3; G.L. 1956, § 31-27-11 .

        >>>>>>> origin/main 31-27-12. Service of notice — Summons.

        1. Any police officer observing the violation of any statute or ordinance relating to the operation, control, or maintenance of a motor vehicle or a violation of subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) , shall at the time or place of the violation or, if it is not possible to halt the alleged offender, as soon as possible after observing the violation, issue a written notice, of a form and content provided for in § 31-27-12.1 , signed by the police officer and constituting a summons to appear before the court having jurisdiction at a time and place designated in the notice.
        2. Nothing in this chapter shall preclude a police officer from exercising in the alternative his or her statutory powers of arrest, nor shall anything contained in this chapter preclude the making of additional complaints against the alleged offender arising out of the violation of any statute or ordinance relating to the operation, control, or maintenance of a motor vehicle observed by the police officer. Nothing in this chapter shall prevent a person other than a police officer from applying for a criminal complaint for the violation of any statute or ordinance relating to the operation, control, or maintenance of a motor vehicle, and the person need not show that the alleged offender has been issued a summons in connection with the alleged violation.
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        History of Section. P.L. 1950, ch. 2595, art. 36, § 4; redesignated art. 36, § 3 by P.L. 1951, ch. 2826, § 20; G.L. 1956, § 31-27-12 ; P.L. 1959 (s. s.), ch. 190, § 7; P.L. 1970, ch. 66, § 1; P.L. 2012, ch. 221, § 3; P.L. 2012, ch. 233, § 3.

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        History of Section.

        P.L. 1950, ch. 2595, art. 36, § 4; redesignated art. 36, § 3 by P.L. 1951, ch. 2826, § 20; G.L. 1956, § 31-27-12 ; P.L. 1959 (s. s.), ch. 190, § 7; P.L. 1970, ch. 66, § 1; P.L. 2012, ch. 221, § 3; P.L. 2012, ch. 233, § 3.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2012, ch. 221, § 3, and P.L. 2012, ch. 233, § 3 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2012, ch. 221, § 6, provides that the amendment to this section by that act take effect on April 1, 2013.

        P.L. 2012, ch. 233, § 6, provides that the amendment to this section by that act take effect on April 1, 2013.

        Cross References.

        Abstracts of court records with respect to motor vehicle violations, § 31-11-5 .

        Adjudication of traffic offenses, §§ 31-41.1-1 et seq.

        Filing of conviction records with drivers’ records, § 31-10-33 .

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        >>>>>>> origin/main 31-27-12.1. Preparation of summons and related records — Content and form.

        1. The summonses and related records shall be in a form approved by the chief magistrate of the traffic tribunal and subject to the approval of the supreme court. Summonses and related records shall be numbered consecutively with each summons and its related records bearing the same number, and each summons and its related records shall consist of five (5) parts:
          1. The summons to be given the alleged offender;
          2. A copy of the summons to be retained by the issuing police officer;
          3. A request for complaint which shall be a copy of the original and which, when completed and signed shall direct the application for a complaint to the appropriate court or to a justice of the peace authorized to issue complaints;
          4. A division of motor vehicles record which shall be a copy of the request for complaint and which shall also include an abstract of the court record;
          5. The police record which shall also provide space for the recording of the disposition of the charge and which will be retained by the issuing police department or organization.
        2. The summons and related record shall include, when completed, the signature of the officer observing the alleged violation, the name and address of the alleged offender, the number of his or her license, if any, to operate a motor vehicle, the registration number of the vehicle involved, the time and place of the alleged violation, and the substance of the offense charged.
        3. The administrative clerk of the judicial department, upon the approval of the content and form of the summonses and related records by the chief magistrate of the traffic tribunal and subject to the approval of the supreme court, shall provide for the printing of them in books or pads, each of which shall contain an original and copy of a summary sheet to be used, providing space for a record of the use of the consecutively numbered summonses and related records contained in the book or pad.
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        >>>>>>> origin/main History of Section. P.L. 1970, ch. 66, § 2; P.L. 2008, ch. 1, § 10.

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        >>>>>>> origin/main 31-27-12.2. Distribution of books or pads.

        The books or pads as provided in § 31-27-12.1(c) shall be distributed as follows:

        1. The administrative clerk of the judicial department shall distribute books or pads containing the summonses and related records to all courts having jurisdiction over the violation of any statute or ordinance relating to the operation, control, or maintenance of a motor vehicle, and shall keep a record of the distribution including a receipt signed by the clerk of each court for each book or pad distributed to the court.
        2. Each court through its clerk shall distribute the books and pads to the chief administrative officer of every police department or state police barracks within its jurisdiction, and the clerk shall keep a record of the distribution, including a receipt signed by each chief administrative officer for each book or pad distributed to the clerk.
        3. The chief administrative officers shall be responsible for the issuance of the books or pads to all police officers within their department or organization and shall keep a record of the distribution including a receipt signed by each police officer for each book or pad issued to that officer.
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        >>>>>>> origin/main History of Section. P.L. 1970, ch. 66, § 2.

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        >>>>>>> origin/main 31-27-12.3. Preparation and disposition of records.

          1. Responsibility of individual officer.  At or before the completion of his or her tour of duty, every police officer who has issued a summons from his or her book or pad shall retain a copy of the summons and shall deliver to the chief administrative officer of his or her department or organization or to the person duly authorized by the chief administrative officer the request for complaint, the division of motor vehicles record and police record all duly signed by the police officer together with all summonses spoiled, mutilated, or voided during the tour of duty, endorsed with a full explanation of each.
          2. Each officer shall, upon using all summonses in a pad or book, return it to the chief administrative officer of his or her department or state police barracks or person duly authorized by him or her.
        2. Responsibility of chief administrative officer of police department or state police barracks.  Every chief administrative officer of a police department or state police barracks, or person duly authorized by him or her, shall, upon their receipt from a police officer who has issued a summons, deposit the completed copy, request for complaint, and the division of motor vehicles’ record with the court having jurisdiction of the alleged violation no later than two (2) days after the date of the issuance of the summons, Sundays and legal holidays excepted. The chief administrative officer shall retain for department records the form designated police record. The chief administrative officer shall also cause to be completed, in duplicate, the summary sheet for each pad or book noting on it the date of issuance of all summonses contained in the book, including the mutilation or destruction of any summonses contained in it together with the court complaint number issued and the disposition, if known, within ten (10) days after receipt of the used book or pad from the police officer and shall, within that time, deposit the original summary sheet signed by the chief administrative officer or person duly authorized by him or her to the clerk of the court which distributed the book or pad, retaining the copy for department records.
          1. Responsibility of courts.  A full record shall be kept by every court in this state of every case in which a person is charged with a violation of any provision of this title, or any act relative to motor vehicles, or to the operation of the vehicles. An abstract of that record shall be sent by the court to the division of motor vehicles within ten (10) days of the time when the case is disposed of.
          2. In any case in which the charge is a violation of that portion of § 31-27-2(a) relating to a person operating under the influence of intoxicating liquor, the case shall not be construed as disposed of, if sentence is imposed to attend a special course as provided in that section, until action has been taken by the court having jurisdiction of the charge upon completion of the course or upon a failure to complete it.
          3. If a case was commenced by a summons as provided in § 31-27-12 , the abstract shall be made on the division of motor vehicles record provided in § 31-27-12.1 , and otherwise the abstract shall be made upon forms prepared by the division of motor vehicles. Every abstract shall include all necessary information as to the parties to the cause, the nature of the offense, the date of the hearing, the plea, the decision, the judgment and the result, and in case an operator or chauffeur shall plead guilty or nolo contendere or be found guilty of a violation of § 31-14-1 , the number of miles per hour by which the operator or chauffeur exceeded the reasonable and prudent speed, and every abstract shall be certified by the clerk of the court. The division of motor vehicles shall keep records and they shall be open to the public inspection during the business hours of the division of motor vehicles. The judge of any court in the state may, upon his or her own initiative, or upon the request of the division of motor vehicles or its agents, furnish to the division of motor vehicles the details of all particularly flagrant cases which may be heard before the judge and may make any recommendations to the division of motor vehicles as to the suspension of the license of the persons defendant in the case that the judge may deem necessary.
          4. The clerk of every court which has issued pads or books of summonses and related records provided in § 31-27-12.1 shall be the initial custodian of all summary sheets returned to the court as provided in subsection (b) of this section. The clerk shall determine that all required information is included on the summary sheets and shall annually, during the month of July, deliver all summary sheets returned to his or her custody during the preceding twelve (12) months to the administrative clerk in the judicial department. The clerk shall also, during the month of July, determine the location of all pads or books and summonses distributed by him or her more than one year prior to the month, and the summary sheet for which has not been returned and shall, within the month, report his or her finding to the administrative clerk of the judicial department.
        4. Responsibility of administrative clerk of judicial department.  Upon receipt of the summary sheets and reports of clerks as provided by subsection (c) of this section, the administrative clerk of the judicial department shall be the custodian of them and shall keep the sheets and reports for a period of not less than three (3) years, and they shall be open to the public inspection during the hours when the office of the administrative clerk of the judicial department is open.
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        >>>>>>> origin/main History of Section. P.L. 1970, ch. 66, § 2; P.L. 1974, ch. 120, § 3.

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        >>>>>>> origin/main 31-27-12.4. Disposition of complaint only by court.

        Upon the deposit of the complaint and the division of motor vehicle record of a violation with the court having jurisdiction of the alleged violations, the complaint of the violation shall be disposed of only by trial in the court or by other official action by a judge of the court.

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        >>>>>>> origin/main History of Section. P.L. 1970, ch. 66, § 2.

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        >>>>>>> origin/main 31-27-13. Nature of offenses — Penalty.

        1. It is a civil violation for any person to violate any of the provisions of chapters 1 — 27 or chapter 34 of this title, unless the violation is by these chapters or other law of this state declared to be a felony or a misdemeanor, or unless the offense is punishable by a fine of more than five hundred dollars ($500) or by imprisonment.
        2. Unless another penalty is provided by chapters 1 — 27 or chapter 34 of this title, or by the laws of this state, every person convicted of a civil violation of the chapters shall be punished by a fine of not more than five hundred dollars ($500).
        3. Unless another penalty is provided by chapters 1 — 27 or chapter 34 of this title or by the laws of this state, every person convicted of a misdemeanor violation of these chapters shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one year, or by both fine and imprisonment.

        History of Section. P.L. 1950, ch. 2595, art. 17, § 8; art. 37, § 1; G.L. 1956, § 31-27-13 ; P.L. 1999, ch. 218, art. 6, § 14; P.L. 2002, ch. 58, § 6.

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        History of Section.

        P.L. 1950, ch. 2595, art. 17, § 8; art. 37, § 1; G.L. 1956, § 31-27-13 ; P.L. 1999, ch. 218, art. 6, § 14; P.L. 2002, ch. 58, § 6.

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        Cross References.

        Administrative handling of violations, § 31-41.1-4 .

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        >>>>>>> origin/main 31-27-14. Penalty for felonies.

        Any person who is convicted of a violation of any provision of chapters 1 — 27 of this title, by this chapter or by the laws of this state declared to constitute a felony, shall be punished by imprisonment for not less than one year nor more than five (5) years, or by a fine of not more than five thousand dollars ($5,000), or by both fine and imprisonment.

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        History of Section. P.L. 1950, ch. 2595, art. 37, § 2; G.L. 1956, § 31-27-14 .

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        History of Section.

        P.L. 1950, ch. 2595, art. 37, § 2; G.L. 1956, § 31-27-14 .

        >>>>>>> origin/main 31-27-15. Disposition of fines and forfeitures.

        1. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of chapters 1 — 46 of this title shall be deposited in the treasury of the state.
        2. Provided, a city or town police department, enforcing any motor vehicle violation contained in this title, which results in a conviction, shall receive five dollars ($5.00) from any fine imposed in accordance with the provisions of § 31-41.1-4 .
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        History of Section. P.L. 1950, ch. 2595, art. 38, § 1; G.L. 1956, § 31-27-15 ; P.L. 1978, ch. 217, § 1.

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        History of Section.

        P.L. 1950, ch. 2595, art. 38, § 1; G.L. 1956, § 31-27-15 ; P.L. 1978, ch. 217, § 1.

        >>>>>>> origin/main

        Cross References.

        Ordinance violations, payment of fines, § 12-14-1 et seq.

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        >>>>>>> origin/main 31-27-16. Repealed.

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        >>>>>>> origin/main History of Section. P.L. 1973, ch. 217, § 1; P.L. 1999, ch. 218, art. 6, § 14; P.L. 2003, ch. 420, § 2; P.L. 2003, ch. 436, § 2; Repealed by P.L. 2008, ch. 396, § 1, effective July 8, 2008.

        Compiler’s Notes.

        Former § 31-27-16 concerned funeral processions. For comparable provisions, see § 31-52-1 et seq.

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        >>>>>>> origin/main 31-27-17. Permitting juvenile to operate an unregistered motorcycle.

        Any person eighteen (18) years of age or older who shall knowingly permit a person under the age of eighteen (18) years to operate a motorcycle as defined in § 31-3-1(h) when either the person under the age of eighteen (18) years of age is not licensed in accordance with the provisions of chapter 10.1 of this title, or where the motorcycle is not registered in accordance with the provisions of chapter 3 of this title, shall upon conviction be fined not more than five hundred dollars ($500).

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        >>>>>>> origin/main History of Section. P.L. 1982, ch. 253, § 1.

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        >>>>>>> origin/main 31-27-18. Emergency medical services — Special assessment.

        The court and/or the traffic tribunal shall collect, in addition to any fine set forth in this title for a motor vehicle violation, and at the time of the assessment of the fine, an additional assessment of one dollar ($1.00) for each motor vehicle violation of this title. The one dollar ($1.00) assessment shall be paid over and accounted for in the manner provided in §§ 31-27-15 and 31-41.1-4 , and shall be deposited as general revenues of the state.

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        >>>>>>> origin/main History of Section. P.L. 1982, ch. 282, § 1; P.L. 1995, ch. 370, art. 40, § 104.

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        >>>>>>> origin/main 31-27-19. Operating a motor vehicle on a bicycle lane, trail or path.

        1. Except as provided in § 31-15-17 , no person shall operate any motor vehicle on a bicycle lane, trail or path, as defined in § 31-1-23(a) .
        2. Any person who operates a motor vehicle upon any bicycle lane, trail or path shall be punishable by a fine of one hundred dollars ($100).
        3. The division of motor vehicles, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle on a bicycle lane, trail or path, shall suspend the person’s operator’s license for a period of six (6) months.
        4. Emergency vehicle and employees of federal, state, and local government shall be exempt from the provisions when acting in the scope of their official duties.
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        >>>>>>> origin/main History of Section. P.L. 1982, ch. 302, § 2; P.L. 1992, ch. 324, § 16; P.L. 2005, ch. 64, § 7; P.L. 2005, ch. 67, § 7.

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        >>>>>>> origin/main 31-27-20. Operation of a motor vehicle — Letter carrier.

        Any employee of the United States Postal Service may operate his or her vehicle from the right or passenger side while performing their duties as a rural route letter carrier.

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        >>>>>>> origin/main History of Section. P.L. 1991, ch. 382, § 1; P.L. 1992, ch. 324, § 16.

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        >>>>>>> origin/main 31-27-21. Community restitution.

        The general assembly declares that the words “public community service” which appear throughout this chapter shall now be substituted with and referred to as “public community restitution”.

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        >>>>>>> origin/main History of Section. P.L. 1998, ch. 454, § 5.

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        >>>>>>> origin/main 31-27-22. Street racing — Justin Nunes’ Law.

        This act shall be known and may be cited as “Justin Nunes’ Law”.

        1. For the purpose of this section, “street racing” means the act of two (2) or more individuals competing or racing in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and one driver attempts to prevent the competing driver from passing or overtaking him or her, or one or more individuals competing in a race against time.
        2. It shall be unlawful to engage in street racing on any public road, street or highway of this state, whether or not there is a formal agreement to race.
          1. Every person convicted of a first violation of this section shall be guilty of a misdemeanor and be subject to imprisonment for not more than one year, a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and be required to perform ten (10) to sixty (60) hours of public community restitution. The person’s license to operate a motor vehicle shall be suspended for a period of not less than ninety (90) days nor more than six (6) months.
          2. Every person convicted of a second violation within a five (5) year period, shall be guilty of a felony and be subject to imprisonment for not more than two (2) years, a fine of not less than one thousand dollars ($1,000) and be required to perform sixty (60) to one hundred (100) hours of public community restitution. The person’s license to operate a motor vehicle shall be suspended for no less than six (6) months nor more than two (2) years.
          3. Every person convicted of a third (3rd) or subsequent violation within a five (5) year period, shall be guilty of a felony and be subject to imprisonment for not more than five (5) years, a fine of two thousand five hundred dollars ($2,500) and required to perform not less than one hundred (100) hours of public community restitution. The person’s license to operate a motor vehicle shall be suspended for no less than one year nor more than five (5) years.
        3. Any person found in violation of subsection 31-27-22(b) while having one or more passengers in their motor vehicle shall be subject to imprisonment of not more than five (5) years, and a fine of not more than five thousand dollars ($5,000) and be required to perform no more than one hundred (100) hours of public community restitution. The person’s license to operate a motor vehicle shall be suspended for no less than one year. This enhanced sentence is to be served in addition and consecutively to the sentence provided for the underlying offense.
        4. If a person is found in violation of subsection 31-27-22(b) and the vehicle used in the violation is registered to that person or where the registrant permits the use of the vehicle, the vehicle may be impounded at the registered owner’s expense for not less than one day or more than thirty (30) days.
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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 121, § 1; P.L. 2007, ch. 193, § 1.

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        >>>>>>> origin/main 31-27-23. Penalties for failure to comply with § 24-8-4.2.

        Any employer who intentionally violates or fails to comply with any of the provisions of § 24-8-4.2 shall be subject to a fine of up to three hundred dollars ($300) for the first offense up to six hundred dollars ($600) for the second offense and up to nine hundred dollars ($900) for the third and subsequent offenses; said cumulative offenses shall be limited to the same job site or location and the same highway or bridge or contract.

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        >>>>>>> origin/main History of Section. P.L. 2007, ch. 343, § 2; P.L. 2007, ch. 472, § 2.

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        >>>>>>> origin/main 31-27-24. Multiple moving offenses.

        1. Every person convicted of moving violations on four (4) separate and distinct occasions within an eighteen (18) month period may be fined up to one thousand dollars ($1,000), and shall be ordered to attend sixty (60) hours of driver retraining, shall be ordered to perform sixty (60) hours of public community service, and the person’s operator license in this state may be suspended up to one year or revoked by the court for a period of up to two (2) years. Prior to the suspension or revocation of a person’s license to operate within the state, the court shall make specific findings of fact and determine if the person’s continued operation of a motor vehicle would pose a substantial traffic safety hazard.
        2. At the expiration of the time of revocation as set by the court pursuant to subsection (a) above, the person may petition that court for restoration of his or her privilege to operate a motor vehicle in this state. The license privilege shall not thereafter be reinstated until evidence satisfactory to the court, following a hearing, establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
        3. For the purposes of this section only, the term “moving violations” shall mean any violation of the following sections of the general laws:
          1. 31-13-4 . Obedience to devices.
          2. 31-14-1 . Reasonable and prudent speeds.
          3. 31-14-2 . Prima facie limits.
          4. 31-14-3 . Conditions requiring reduced speeds.
          5. 31-15-5 . Overtaking on the right.
          6. 31-15-11 . Laned roadways.
          7. 31-15-12 . Interval between vehicles.
          8. 31-15-16 . Use of emergency break-down lane for travel.
          9. 31-17-4 . Vehicle entering stop or yield intersection.
          10. 31-20-9 . Obedience to stop signs.
          11. 31-27.1-3 . “Aggressive driving” defined.
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        >>>>>>> origin/main History of Section. P.L. 2010, ch. 242, § 2; P.L. 2010, ch. 253, § 2.

        Compiler’s Notes.

        P.L. 2010, ch. 242, § 2, and P.L. 2010, ch. 253, § 2, enacted identical versions of this section.

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        >>>>>>> origin/main 31-27-25. Ticket quotas prohibited.

        1. No state or municipal agency engaged in the enforcement of any motor vehicle traffic or parking laws of this state, or any local ordinance governing motor vehicle traffic or parking, may establish or maintain any policy, formally or informally, requiring any officer to meet a quota.
        2. As used in this section, the following words shall have the following meanings:
          1. “Officer” shall mean any peace officer as defined in § 12-7-21 and any police officer as defined in § 31-1-21 , and shall also include any individual engaged in enforcing ordinances authorized by chapter 28 of this title.
          2. “Quota” means any requirement regarding the number of arrests or investigative stops made, or summonses or citations issued, by an officer regarding motor vehicle traffic or parking violations.
        3. Nothing contained herein shall preclude a local or municipal agency from using data concerning arrests or investigative stops made, or summonses or citations issued, and their disposition in the evaluation of an officer’s work performance, provided such data is not the exclusive means of evaluating such performance.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2010, ch. 146, § 1; P.L. 2010, ch. 159, § 1.

        Compiler’s Notes.

        P.L. 2010, ch. 146, § 1, and P.L. 2010, ch. 159, § 1, enacted identical versions of this section.

        Chapter 27.1 Aggressive Driving

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        >>>>>>> origin/main 31-27.1-1. Legislative findings.

        The National Highway Traffic Safety Administration (NHTSA) estimates that aggressive driving causes two-thirds (2/3) of fatal accidents and one-third (1/3) of all accidents. The general assembly finds that aggressive driving has become a significant public safety concern in recent years and specific legislation designed to severely curtail this problem driving behavior is in the public interest.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2000, ch. 254, § 1.

        Law Reviews.

        2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-27.1-2. Short title.

        This chapter may be cited as the “Aggressive Driving Act.”

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 254, § 1.

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        >>>>>>> origin/main 31-27.1-3. “Aggressive driving” defined.

        “Aggressive driving” means that an individual, coincident to operating a motor vehicle in violation of chapter 14 of this title, engages in conduct which violates two (2) or more of the following sections of law:

        1. Obedience to traffic control devices, § 31-13-4 ;
        2. Overtaking on the right, § 31-15-5 ;
        3. Driving within a traffic lane, § 31-15-1 ;
        4. Following too closely — interval between vehicles, § 31-15-12 ;
        5. Yielding right of way, §§ 31-15-12.1 , 31-17-1 , 31-17-2 , 31-17-4 , 31-17-6 , 31-17-7 and 31-17-8 ;
        6. Entering the roadway, §§ 31-15-14 , 31-17-3 and 31-17-5 ;
        7. Use of turn signals, §§ 31-16-5 , 31-16-6 , 31-16-8 and 31-16-9 ;
        8. Relating to school buses, special stops, stop signs and yield signs, chapter 20 of this title; and
        9. Use of emergency break-down lane for travel, § 31-15-16 .
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 254, § 1.

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        >>>>>>> origin/main 31-27.1-4. Penalties.

        1. Whoever violates this chapter shall be fined not less than two hundred sixty dollars ($260) nor more than five hundred dollars ($500). In addition, any person convicted of a first offense of aggressive driving may be required to attend an educational program approved by the division of motor vehicles designed to improve the safety and habits of drivers and may be subject to a minimum thirty (30) days suspension of his or her driver’s license.
        2. The lesser included offenses which, in total, may constitute aggressive driving, may be prosecuted separately.
        3. All violations of this chapter shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate.
        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 2000, ch. 254, § 1; P.L. 2008, ch. 1, § 11.

        Chapter 28 Parking Facilities and Privileges

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-28-1. “Parking meter” defined.

        For the purpose of this chapter, “parking meter” means a meter device installed upon the public highways or the sidewalks adjacent to it, in which a coin must be deposited for the privilege of occupying, for a certain period, a space which is situated in a zone which a lawful authority has designated as a parking meter zone for the purpose of regulating parking of vehicles on public highways.

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        History of Section. P.L. 1940, ch. 897, § 1; G.L. 1956, § 31-28-1 .

        =======

        History of Section.

        P.L. 1940, ch. 897, § 1; G.L. 1956, § 31-28-1 .

        >>>>>>> origin/main

        Cross References.

        Municipal off-street parking facilities, R.I. Const., art. 6, § 20 .

        Collateral References.

        Government immunity from tort liability, instalation or operation of parking meters as within. 33 A.L.R.2d 761.

        Metered parking. 108 A.L.R. 1152; 130 A.L.R. 316.

        Off-street public parking facilities. 8 A.L.R.2d 373.

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        >>>>>>> origin/main 31-28-2. Ordinances authorizing parking meters and meter zones.

        1. Any town or city council may enact ordinances authorizing the installation, operation, maintenance, policing, and supervision of parking meters on the public highways, and fix and provide for the payment of a fee for the purpose of parking by requiring the operator of any vehicle parking in the zone to deposit in the meter in the zone or adjacent to it, a coin of the United States as the council shall determine to be necessary for the purpose of regulating parking. Any fee established for parking shall bear a reasonable relation to the actual cost incurred by the town or city in the installation, operation, maintenance, policing, and supervision of the parking meter system and the parking of motor vehicles on the public highways.
        2. The commissioner of public safety for the city of Providence and the council of any other city or town may establish parking meter zones for the purpose of regulating the parking of motor vehicles on the public highways.
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        History of Section. P.L. 1940, ch. 897, § 3; impl. am. P.L. 1951, ch. 2723, § 4; G.L. 1956, § 31-28-2 ; P.L. 1987, ch. 215, § 1.

        =======

        History of Section.

        P.L. 1940, ch. 897, § 3; impl. am. P.L. 1951, ch. 2723, § 4; G.L. 1956, § 31-28-2 ; P.L. 1987, ch. 215, § 1.

        >>>>>>> origin/main

        Collateral References.

        Parking ordinances or regulations, validity of. 72 A.L.R. 229; 108 A.L.R. 1152; 130 A.L.R. 316.

        Relation of use of parking meter funds to validity of ordinance as police regulation, or to invalidity of ordinance as unauthorized revenue measure. 83 A.L.R.2d 625.

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        >>>>>>> origin/main 31-28-3. Unauthorized meters.

        It shall be unlawful to install or operate parking meters in any town or city in this state until the qualified electors of the city or town have had submitted to them for their approval or rejection the question of the installation of parking meters, and have signified their approval of the question, and until any town or city council shall enact ordinances or regulations governing the installation and operation of the parking meters.

        <<<<<<< HEAD

        History of Section. P.L. 1940, ch. 897, § 4; G.L. 1956, § 31-28-3 .

        =======

        History of Section.

        P.L. 1940, ch. 897, § 4; G.L. 1956, § 31-28-3 .

        >>>>>>> origin/main 31-28-4. Exemption of persons with disabilities from payment of fees.

        No city or town or any agency of a city or town shall exact any fee for parking on the public highways or in any metered parking space from any person who has been issued a disability parking privilege placard or sticker pursuant to § 31-28-7 , 31-28-7 .1 or 31-29-5 , nor from the owner of the motor vehicle transporting the person with a disability, provided that upon which vehicle there is displayed any disability parking placard or sticker that shall be issued by the division of motor vehicles.

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        History of Section. P.L. 1948, ch. 2051, § 1; P.L. 1952, ch. 2879, § 2; P.L. 1953, ch. 3199, § 1; G.L. 1956, § 31-28-4 ; P.L. 1976, ch. 144, § 1; P.L. 1978, ch. 133, § 1; P.L. 1980, ch. 140, § 1; P.L. 1982, ch. 281, § 2; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72.

        =======

        History of Section.

        P.L. 1948, ch. 2051, § 1; P.L. 1952, ch. 2879, § 2; P.L. 1953, ch. 3199, § 1; G.L. 1956, § 31-28-4 ; P.L. 1976, ch. 144, § 1; P.L. 1978, ch. 133, § 1; P.L. 1980, ch. 140, § 1; P.L. 1982, ch. 281, § 2; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72.

        >>>>>>> origin/main

        Comparative Legislation.

        Exemption of handicapped:

        Conn. Gen. Stat. § 14-253a et seq.

        Mass. Ann. Laws ch. 40, § 22 et seq.

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        >>>>>>> origin/main 31-28-5. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1948, ch. 2051, § 1; P.L. 1952, ch. 2879, § 2; G.L. 1956, § 31-28-5 ; P.L. 1967, ch. 66, § 1; Repealed by P.L. 1982, ch. 281, § 1.

        =======

        History of Section.

        P.L. 1948, ch. 2051, § 1; P.L. 1952, ch. 2879, § 2; G.L. 1956, § 31-28-5 ; P.L. 1967, ch. 66, § 1; Repealed by P.L. 1982, ch. 281, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        Former § 31-28-5 concerned exemption of blind persons from parking fees. For current provisions of law, see § 31-28-7 .

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        >>>>>>> origin/main 31-28-6. Overtime parking by persons with a disability exempt from fees.

        No penalty shall be imposed upon any person with a disability issued a disability parking privilege placard or sticker pursuant to § 31-28-7 , 31-27-7.1 or 31-29-5 , nor from the motor vehicle transporting the person with a disability, provided that upon that vehicle there is displayed a disability parking placard or sticker for parking on the highways or in a space for a longer period of time than other persons are permitted to park on the highways or in a space. Nothing in this section shall be deemed to authorize that person to park in any place at any time where parking is prohibited.

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        History of Section. P.L. 1948, ch. 2051, § 2; G.L. 1956, § 31-28-6 ; P.L. 1982, ch. 281, § 2; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72.

        =======

        History of Section.

        P.L. 1948, ch. 2051, § 2; G.L. 1956, § 31-28-6 ; P.L. 1982, ch. 281, § 2; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72.

        >>>>>>> origin/main 31-28-7. Motor vehicle plates for persons with disabilities — Entitlement — Designated parking spaces — Violations.

        1. Persons, as defined in subsection (h) of this section, upon application and proof of permanent or long-term disability to the division of motor vehicles, shall be issued one motor vehicle disability parking privilege placard or in the case of a motorcycle, one motor vehicle sticker, of blue which shall be imprinted with the white international symbol of access, certificate number, the words “Rhode Island Disability Parking Permit” and shall bear the expiration date upon its face. A placard or motorcycle sticker issued to a person whose disability is temporary shall be substantially similar to that issued to a person with a permanent or long term disability. The temporary placard, however, shall be a red placard with a white international symbol of access, certificate number, the words “Rhode Island Disability Parking Permit” and shall bear the expiration dates upon its face. A preliminary placard shall be similar to that issued to a person with a permanent, long-term, or temporary disability. The preliminary placard shall be effective for twenty-one (21) days, and may be issued by an applicant’s licensed physician, if in the medical provider’s opinion the applicant’s medical condition merits the issuance of a preliminary placard while the division considers the applicant’s qualifications for any type of disability parking permit. The preliminary placard shall be an orange placard with a white international symbol of access, certificate number, the words “Rhode Island Disability Parking Permit” and shall bear the expiration date upon its face and shall be displayed on the dashboard of the vehicle in a manner that it is clearly visible from the front. The division of motor vehicles shall promulgate rules governing the issuance and use of preliminary placards. Applicants shall not be charged any fee associated with the issuance of a preliminary placard. Physicians submitting false information to the division of motor vehicles to obtain a preliminary placard on anyone’s behalf may be subject to the penalties set forth in § 11-18-1.3 . Persons issued a placard or motorcycle sticker pursuant to this section shall be entitled to the immunities of §§ 31-28-4 and 31-28-6 . The placard shall conform to the Uniform Parking System for Disabled Drivers standard issued by the United States Department of Transportation. If an application for a placard or motorcycle sticker is denied, the division of motor vehicles shall promptly notify the applicant in writing, stating the specific reason(s) for the denial, and advising the applicant of the procedures for requesting a hearing to appeal the denial. Prior to the appeal hearing, the applicant shall be provided with any and all documents relied upon by the division in denying the application. If an application contains a physician certification that the applicant is sufficiently disabled to require a placard or motorcycle sticker, and the division has not provided specific reasons in its denial letter to the applicant, the hearing officer shall summarily order that a placard or motorcycle sticker be provided to the applicant. At all other hearings of application denials where a physician certification has been provided, the division shall bear the burden of proof that the individual is not entitled to a placard or motorcycle sticker pursuant to this chapter.
        2. A placard issued pursuant to this section shall be portable and used only when the person is being transported. The placard is to be hung from the rear view mirror so as to be seen through the front or rear windshield of the motor vehicle. A placard may be issued to a person with a disability who does not own a motor vehicle, to be used only when he or she is being transported. A motorcycle sticker issued pursuant to this section shall not be portable and shall be affixed to the rear plate of the motorcycle.
          1. The certificate of entitlement to the placard or motorcycle sticker shall be renewed every six (6) years for individuals with a long-term disability, as defined in subsection (d) of this section, and the renewal application shall require a physician’s certification that the condition has not changed since the previous approval, and six (6) years for individuals with a permanent disability as defined in subsection (h) of this section, in accordance with a schedule prepared by the division of motor vehicles that uses the last name of an individual to determine the month of renewal. If an application or subsequent renewal is accompanied by a physician’s certification that the applicant’s condition is a chronic, permanent impairment and that application is approved, then any subsequent renewal shall be authorized upon receipt of a notarized affidavit from the applicant or applicant’s, guardian or legal representative or a certificate from the applicant’s physician that his or her condition has not changed since the previous approval.
          2. The certificate of entitlement to the placard or motorcycle sticker shall be covered with plastic or similar material. The applicant shall, upon timely renewal, receive a sticker bearing the expiration date of the certificate of entitlement to be affixed across the expiration date of the disability parking privilege placard or in the case of a motorcycle the applicant shall receive a new motorcycle sticker. The division of motor vehicles shall establish rules and regulations allowing for the renewal of the certificates of entitlement by mail.
          3. Whenever the division of motor vehicles proposes to suspend, revoke or fail to renew the certificate of entitlement for noncompliance with the requirements of this section or for violation of subsection (h) of this section, the individual shall first be entitled to a hearing before the division of motor vehicles to contest the proposed action. At the hearing, the division of motor vehicles shall bear the burden of proof that the individual is not entitled to the placard or motorcycle sticker pursuant to this chapter. There shall be no renewal fee charged for the placards or motorcycle sticker. The division of motor vehicles shall be authorized to issue a temporary disability parking privilege placard or motorcycle sticker immediately upon receipt of an application for individuals with a temporary impairment, as defined in subsection (h) of this section. A temporary placard or motorcycle sticker shall be valid for sixty (60) days from the date of issuance. Temporary placards or motorcycle stickers may be renewed for a period of one year or less, as determined by the medical advisory board upon application if the disability persists. The division of motor vehicles shall subsequently review the applications in accordance with the procedures currently in effect as to applications from persons whose disability is long term. Any issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and notice of the revocation shall be sent to the applicant.
        4. A person, other than a person with a disability, who for his or her own purposes uses the parking privilege placard, shall be fined five hundred dollars ($500) for each violation. A person issued a special placard who uses the placard after expiration, or who shall allow unauthorized use of the disability parking placard or sticker, may be subject to immediate revocation of the use of the placard by the division of motor vehicles, and subject to a fine of five hundred dollars ($500).
        5. Disability parking spaces shall be designated and identified by the posting of signs above ground level incorporating the international symbol of access of white on blue, and the words “Handicapped Parking,” “Disability Parking,” “Disabled Parking,” or “Reserved Parking” at each space, at both ends of a row or series of adjacent disability parking spaces, or at the entrance to a parking lot restricted to only disability parking.
        6. A person, other than a person issued a special placard or motorcycle sticker pursuant to this section, who parks a vehicle in a parking space designated for persons with disabilities, shall be fined: (1) one hundred dollars ($100) for a first violation, (2) one hundred seventy-five dollars ($175) for a second violation, and (3) three hundred twenty-five dollars ($325) for a third or subsequent violation. The vehicle may be subject to towing at the owner’s expense. Provided further, that it shall not be unlawful for a person to park a vehicle in a space designated for person with disabilities if that person is transporting a person who has been issued a special placard and is properly displaying the placard on the vehicle.
        7. Enforcement of the parking provisions of this section shall be enforced by the local or state authorities on public or private property when the location of the parking spaces is within the purview of the State Building Code, chapter 27.3 of title 23.
        8. Definitions.  For the purpose of this section:
          1. “Disabled” or “disability” means a permanent or long-term impairment which prevents or impedes walking, which shall include but not be limited to: (i) an impairment which prevents walking and requires use of a wheelchair; (ii) an impairment which involuntarily causes difficulty or insecurity in walking or climbing stairs with or without the need to use braces, crutches, canes or artificial support; (iii) an impairment caused by amputation, arthritis, blindness (including legally blind), or orthopedic condition; (iv) an impairment in respiratory, circulatory, or neurological health which limits the person’s walking capability; or (v) disabled veteran, pursuant to § 31-6-8 after certification of eligibility from the Veterans’ Administration or other satisfactory documentation of eligibility is presented. Persons with disabilities may be capable of working or may be presently working.
          2. “Long-term disability” means an impairment which is potentially reversible or may improve with appropriate medical treatment. At the time of application and or renewal, the impairment should not be expected to improve prior to the expiration of the certification, to a point where the individual does not meet the provisions of subdivision (1) of this subsection.
          3. “Permanent disability” means an impairment which is non-reversible.
          4. “Temporary impairment” means an impairment which is expected to improve to a point where the individual does not meet the provisions of subdivision (1) of this subsection, within two (2) years of the application.
        9. The department of revenue shall inform each licensed driver of the certificate procedures and parking restrictions of this section and §§ 31-28-4 and 31-28-6 , and a facsimile of the portable placards and motorcycle stickers issued under this section shall be sent to the enforcing authority of each state, and each enforcing authority shall be informed of the parking restrictions of this section and §§ 31-28-4 and 31-28-6 . Recipients of disability parking privilege placards shall also receive instructions on their use and the penalties for misuse, when the placard is initially issued.
        10. Any person who makes, manufactures, offers for sale or knowingly uses a counterfeit parking privilege placard shall be fined up to five hundred dollars ($500) and/or forty (40) hours of community restitution.
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        History of Section. P.L. 1948, ch. 2051, § 3; P.L. 1951, ch. 2851, § 1; P.L. 1955, ch. 3575, § 1; G.L. 1956, § 31-28-7 ; P.L. 1982, ch. 74, § 1; P.L. 1982, ch. 281, §§ 1, 3; P.L. 1983, ch. 14, § 1; P.L. 1983, ch. 138, § 1; P.L. 1985, ch. 286, § 1; P.L. 1986, ch. 81, § 1; P.L. 1986, ch. 149, § 1; P.L. 1987, ch. 127, § 1; P.L. 1988, ch. 132, § 1; P.L. 1988, ch. 439, § 1; P.L. 1988, ch. 592, § 1; P.L. 1989, ch. 548, § 1; P.L. 1990, ch. 44, § 1; P.L. 1991, ch. 33, § 1; P.L. 1992, ch. 64, § 1; P.L. 1992, ch. 126, § 1; P.L. 1994, ch. 109, § 1; P.L. 1994, ch. 135, § 1; P.L. 1994, ch. 379, § 1; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1998, ch. 402, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72; P.L. 2000, ch. 252, § 1; P.L. 2001, ch. 280, § 1; P.L. 2002, ch. 58, § 7; P.L. 2002, ch. 214, § 1; P.L. 2002, ch. 396, § 1; P.L. 2006, ch. 183, § 1; P.L. 2006, ch. 333, § 1; P.L. 2006, ch. 651, § 2; P.L. 2007, ch. 135, § 1; P.L. 2007, ch. 214, § 1; P.L. 2008, ch. 98, § 23; P.L. 2008, ch. 145, § 23; P.L. 2013, ch. 24, § 1; P.L. 2013, ch. 35, § 1; P.L. 2013, ch. 105, § 1; P.L. 2013, ch. 115, § 1.

        =======

        History of Section.

        P.L. 1948, ch. 2051, § 3; P.L. 1951, ch. 2851, § 1; P.L. 1955, ch. 3575, § 1; G.L. 1956, § 31-28-7 ; P.L. 1982, ch. 74, § 1; P.L. 1982, ch. 281, §§ 1, 3; P.L. 1983, ch. 14, § 1; P.L. 1983, ch. 138, § 1; P.L. 1985, ch. 286, § 1; P.L. 1986, ch. 81, § 1; P.L. 1986, ch. 149, § 1; P.L. 1987, ch. 127, § 1; P.L. 1988, ch. 132, § 1; P.L. 1988, ch. 439, § 1; P.L. 1988, ch. 592, § 1; P.L. 1989, ch. 548, § 1; P.L. 1990, ch. 44, § 1; P.L. 1991, ch. 33, § 1; P.L. 1992, ch. 64, § 1; P.L. 1992, ch. 126, § 1; P.L. 1994, ch. 109, § 1; P.L. 1994, ch. 135, § 1; P.L. 1994, ch. 379, § 1; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1998, ch. 402, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72; P.L. 2000, ch. 252, § 1; P.L. 2001, ch. 280, § 1; P.L. 2002, ch. 58, § 7; P.L. 2002, ch. 214, § 1; P.L. 2002, ch. 396, § 1; P.L. 2006, ch. 183, § 1; P.L. 2006, ch. 333, § 1; P.L. 2006, ch. 651, § 2; P.L. 2007, ch. 135, § 1; P.L. 2007, ch. 214, § 1; P.L. 2008, ch. 98, § 23; P.L. 2008, ch. 145, § 23; P.L. 2013, ch. 24, § 1; P.L. 2013, ch. 35, § 1; P.L. 2013, ch. 105, § 1; P.L. 2013, ch. 115, § 1.

        >>>>>>> origin/main

        Compiler’s Notes.

        P.L. 2013, ch. 24, § 1, and P.L. 2013, ch. 35, § 1 enacted identical amendments to this section.

        P.L. 2013, ch. 105, § 1, and P.L. 2013, ch. 115, § 1 enacted identical amendments to this section.

        Effective Dates.

        P.L. 2013, ch. 105, § 2, provides that the amendment to this section by that act takes effect on January 1, 2014.

        P.L. 2013, ch. 115, § 2, provides that the amendment to this section by that act takes effect on January 1, 2014.

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        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

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        Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        >>>>>>> origin/main 31-28-7.1. Motor vehicle placards for group care facilities, government agencies, nonprofit organizations, or companies serving people with disabilities.

        1. Upon application to the division of motor vehicles, any group care facility, government agency, non-profit organizations, or company that provides services to persons with disabilities shall be issued one or more portable motor vehicle placards as described in § 31-28-7(a) and (b).
        2. The applicant shall provide to the division of motor vehicles proof that the applicant is a bona fide group care facility, government agency, non-profit organization or company providing services to persons with disabilities as defined in § 31-28-7(h) .
        3. The division of motor vehicles shall not issue more than ten (10) placards to any one facility. The number of placards to be issued shall be determined by the division of motor vehicles based upon the number of persons served by the facility and the frequency with which the staff of the facility must transport the clients or patients of the facility.
        4. The placards shall be used only by agents or employees of the facility and only when transporting persons with disabilities who are clients or patients of the facility. The placard is to be hung from the rear view mirror as to be seen through the front and rear windshield of the motor vehicle.
        5. A person other than an agent or employee of the facility to which the placard was issued, or an agent or employee of the facility not engaged in transporting clients or patients of the facility, who uses the parking privilege placards for his or her own purposes, shall be fined one hundred and twenty-five dollars ($125) for each violation. A facility that allows the unauthorized use of the placards may be subject to revocation of the use of the placard by the division of motor vehicles.
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        >>>>>>> origin/main History of Section. P.L. 1985, ch. 286, § 2; P.L. 1994, ch. 135, § 1; P.L. 1995, ch. 107, § 1; P.L. 1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72; P.L. 2004, ch. 6, § 56.

        Repealed Sections.

        The former section (P.L. 1980, ch. 303, § 2; P.L. 1982, ch. 74, § 1; P.L. 1982, ch. 232, § 1), concerning license plates for handicapped persons, was repealed by P.L. 1982, ch. 281, § 1. For present similar provisions of law, see § 31-28-7 .

        Comparative Legislation.

        Handicap plates:

        Conn. Gen. Stat. § 14-253a.

        Mass. Ann. Laws ch. 90, § 2.

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        >>>>>>> origin/main 31-28-7.2. Repealed.

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        >>>>>>> origin/main History of Section. P.L. 1994, ch. 135, § 2; Repealed by P.L. 1996, ch. 314, § 2; and P.L. 1996, ch. 323, § 2, effective August 8, 1996.

        Compiler’s Notes.

        Former § 31-28-7.2 concerned handicapped services assessment.

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        >>>>>>> origin/main 31-28-7.3. Disability parking enforcement program.

        1. The state police, department of environmental management, airport corporation, capitol police, department of behavioral healthcare, developmental disabilities and hospitals, and the state operated colleges shall establish a disability parking enforcement enhancement programs no later than January 1, 2000. The program will be designed to improve enforcement of disability parking laws on state-owned property and in parking facilities serving space leased or owned by the state, including state departments, agencies, boards, commissions, and quasi-governmental corporations. Citations issued in conjunction with this program shall be submitted to the traffic tribunal or its successor entity for collection pursuant to §§ 31-28-7 and 31-28-7 .1 and the fines collected through shall be paid over to the state agency or college that issued the citation.
        2. The several cities and towns shall establish disability parking enforcement enhancement programs. Citations issued in conjunction with local enforcement programs shall be submitted to the municipal court, where established, or to the traffic tribunal or its successor entity. Fines collected through citations issued in accordance with local enforcement program specifications shall be paid over to the city or town or pursuant to §§ 31-28-7 and 31-28-7 .1.
        3. Disability parking enforcement enhancement plans.
          1. The state police, department of environmental management, airport corporation, capitol police, department of behavioral healthcare, developmental disabilities and hospitals, and the state operated colleges shall submit a disability parking enforcement enhancement plan to the governor’s commission on disabilities.
          2. Cities and towns shall submit a disability parking enforcement enhancement plan to the governor’s commission on the disability.
          3. The disability parking enforcement enhancement plans shall describe the enforcement program which the state police, department of environmental management, airport corporation, capitol police, department of behavioral healthcare, developmental disabilities and hospitals, the state operated colleges or the municipality intends to establish.
          4. The disability parking enforcement enhancement plan shall be reviewed by governor’s commission on disabilities within sixty (60) days of receipt and suggest improvements to the disability parking enforcement enhancement plans, that shall not be construed as required amendments.
        4. The types of disability parking enforcement enhancement programs which may be put in place in each municipality, and by the state police, department of environmental management, airport corporation, capitol police, department of behavioral healthcare, developmental disabilities and hospitals, and the state operated colleges, may include, but shall not be limited to:
          1. Enforcement programs which utilize persons deputized for the purpose of the disability parking enforcement enhancement program. The disability parking enforcement deputies shall be required to complete a minimum of four (4) hours training in parking enforcement before being assigned to the program. Each municipality and the state police, department of environmental management, airport corporation, capitol police, department of behavioral healthcare, developmental disabilities and hospitals, and the state operated colleges shall provide adequate training and shall assume all liability associated with disability parking enforcement.
          2. Enforcement programs which specifically designate paid and trained personnel as staff for the disability parking enforcement enhancement program. These personnel are not limited to on-duty police officers, but may also include officers to be paid overtime, auxiliary personnel, special forces, retired personnel, and other paid employee deemed by the responsible authority to be competent and qualified.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1999, ch. 283, § 1; P.L. 2000, ch. 109, § 41; P.L. 2011, ch. 213, § 1; P.L. 2011, ch. 235, § 1.

        Compiler’s Notes.

        P.L. 2011, ch. 213, § 1, and P.L. 2011, ch. 235, § 1 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-28-7.10. Special legislative commission to study the disability parking placard system.

        1. A special legislative commission is hereby created consisting of seven (7) members: two (2) of whom shall be from the house of representatives, not more than one from the same political party to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party to be appointed by the senate majority leader; one of whom shall be a representative of the division of motor vehicles, to be appointed by the registrar; two (2) of whom shall be representatives of the governor’s commission on disabilities, appointed by the chairperson of the governor’s commission on disabilities. In lieu of any appointment of a member of the legislation to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the majority leader or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.
        2. The purpose of the commission shall be to study the disability parking placard system and recommend possible changes to the system and thereby improve service. The members of the commission shall meet at the call of the speaker of the house and organize and shall select from among the legislators a chairperson. Vacancies in the commission shall be filled in like manner as the original appointment.
        3. The membership of the commission shall receive no compensation for their services.
        4. All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the commission and its agents that is deemed necessary or desirable by the commission to facilitate the purposes of this section.
        5. The speaker of the house is hereby authorized and directed to provide suitable quarters for the commission. The commission shall report its findings and recommendations to the general assembly on or before January 24, 2003 and the commission shall expire on March 24, 2003.
        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 2002, ch. 214, § 2; P.L. 2002, ch. 396, § 2.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-28-8. Use of meters for charitable contributions.

        During the period when any annual national “march of dimes” campaign is taking place for infantile paralysis, any city or town in this state, in which parking meters have been established by authority of law, is authorized to permit the inserting of dimes into any of the parking meters by pedestrians or motorists, the dimes to be collected and turned over to the respective committee in charge of the collection of dimes for the specific “march of dimes” campaign to be used for those purposes.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2162, § 1; G.L. 1956, § 31-28-8 .

        =======

        History of Section.

        P.L. 1949, ch. 2162, § 1; G.L. 1956, § 31-28-8 .

        >>>>>>> origin/main 31-28-9. Owner’s liability for parking tickets.

        Whenever any motor vehicle shall be parked illegally, the owner of the motor vehicle shall be jointly and individually liable with the operator for the payment of any fines imposed unless the owner of the vehicle has prima facie proof that the vehicle was parked illegally by another person who is not an employee of the owner. Any district court or municipal court citation for a nonmoving violation shall be deemed admitted and defaulted after two (2) notices unanswered by the owner.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 539, § 1.

        Chapter 29 Reciprocity Agreements

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-29-1. Reciprocity board established.

        There is established a reciprocity board, referred to in this chapter as “the board”. The board shall be composed of three (3) members, consisting of the administrator of the division of motor vehicles, the chair of the public utilities commission, and an assistant attorney general designated by the attorney general, ex officio. A majority of the members of the board shall constitute a quorum and the action of the majority of the members in attendance at any meeting shall be the action of the board. Whenever a member of the board is absent from a meeting of the board, the member may designate one of his or her assistants or employees to attend on the member’s behalf. The assistant or employee shall be entitled to participate in the discussions and proceedings of the board, but he or she shall not be entitled to vote.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-1 .

        =======

        History of Section.

        P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-1 .

        >>>>>>> origin/main

        Comparative Legislation.

        Reciprocity:

        Conn. Gen. Stat. §§ 14-34, 14-34a, 14-39 and 14-40.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-29-2. Entry into reciprocal agreements — Scope of agreements.

        The governor is authorized, with the advice of the board, to enter into reciprocal agreements on behalf of the state, with the appropriate authorities of any state in the United States of America, or of the District of Columbia, or of any province in the dominion of Canada, with respect to all fees or taxes imposed by this state and by any other state, or the District of Columbia, or any province of Canada, on motor vehicles, or on the operation of motor vehicles, or upon any transaction incident to the operation of motor vehicles. It shall be the duty of the board to study and advise the governor with respect to all matters affecting any reciprocal agreements.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-2 ; P.L. 1996, ch. 144, § 1; P.L. 1996, ch. 197, § 1.

        =======

        History of Section.

        P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-2 ; P.L. 1996, ch. 144, § 1; P.L. 1996, ch. 197, § 1.

        >>>>>>> origin/main

        Cross References.

        Agreements entered into by division, § 31-7-4 .

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-29-3. Authority exercised by governor.

        All authority previously vested in the administrator of the division of motor vehicles and the public utilities administrator, in respect to determining the privileges granted to nonresident owners and operators of motor vehicles, in registration of motor vehicles, licenses of operators, or fees incidental to public utilities permits and plates, is transferred and vested in the governor, subject, however, to the provisions of §§ 31-29-1 and 31-29-2 .

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-3 .

        =======

        History of Section.

        P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-3 .

        >>>>>>> origin/main 31-29-4. Agreements subject to statutes — Discretion of governor.

        All agreements entered into by the governor with respect to any subject as to which provision is expressly made by statute shall conform to the provisions of the statute. As to any other subject of reciprocity appropriate to the powers vested in the governor by this chapter, the governor shall have full authority, with the advice of the board, to agree to any terms and conditions that in the governor’s judgment are best calculated to promote the interests of the state.

        <<<<<<< HEAD

        History of Section. P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-4 .

        =======

        History of Section.

        P.L. 1949, ch. 2386, § 1; G.L. 1956, § 31-29-4 .

        >>>>>>> origin/main 31-29-5. Disability parking reciprocity agreements.

        The reciprocity board is authorized to enter into reciprocity agreements with any state in the United States of America or the District of Columbia concerning parking privilege for individuals with disabilities.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1982, ch. 79, § 1; P.L. 1999, ch. 83, § 73; P.L. 1999, ch. 130, § 73.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-29-6. Driver License Compact Reciprocity Agreement.

        The governor is authorized to enter the Driver License Compact Reciprocity Agreement in order to improve standardization and compatibility in driver licensing operations throughout the United States.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1986, ch. 284, § 1.

        Chapter 30 Highway Safety [Repealed.]

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-30-1 — 31-30-6. Repealed.

        <<<<<<< HEAD

        History of Section. P.L. 1944, ch. 1527, § 4; P.L. 1956, ch. 3677, §§ 1-5; G.L. 1956, §§ 31-30-1 — 31-30-6; P.L. 1965, ch. 173, § 1; Repealed by P.L. 1979, ch. 115, § 1, effective May 4, 1979.

        =======

        History of Section.

        P.L. 1944, ch. 1527, § 4; P.L. 1956, ch. 3677, §§ 1-5; G.L. 1956, §§ 31-30-1 — 31-30-6; P.L. 1965, ch. 173, § 1; Repealed by P.L. 1979, ch. 115, § 1, effective May 4, 1979.

        >>>>>>> origin/main

        Compiler’s Notes.

        Former §§ 31-30-1 — 31-30-6 concerned the council on highway safety and safety instruction in schools.

        Chapter 31 Safety Responsibility Administration —
        Security Following Accident

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-1. Administration — Rules and regulations.

        The division of motor vehicles shall administer and enforce the provisions of chapters 31 — 33 of this title, may make rules and regulations necessary for their administration, and shall provide for hearings upon request of persons aggrieved by orders or acts of the division of motor vehicles under the provisions of the aforementioned chapters. The division of motor vehicles shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2.

        Compiler’s Notes.

        Former chapter 31 of title 31 was repealed by P.L. 1991, ch. 167, § 2, effective June 16, 1991. However, P.L. 1991, ch. 167, § 5, as amended by P.L. 1997, ch. 89, § 1, provides that most of ch. 167 of P.L. 1991 is repealed effective November 1, 1999.

        Repealed Sections.

        Former chapter 31 of this title (P.L. 1952, ch. 3002, §§ 2, 3, 5-11, 15, 18, 21; P.L. 1955, ch. 3530, §§ 1-5; G.L. 1956, §§ 31-31-1 — 31-31-22 , 31-32-2 — 31-32-5 , 31-32-7 — 31-32-16 , 31-32-22 , 31-32-30 , 31-32-34 ; P.L. 1960, ch. 75, § 8; P.L. 1962, ch. 204, § 2; P.L. 1964, ch. 171, § 1; P.L. 1964, ch. 218, § 1; P.L. 1968, ch. 7, § 4; P.L. 1968, ch. 185, § 3; P.L. 1971, ch. 134, § 1; P.L. 1974, ch. 135, § 1; P.L. 1975, ch. 80, § 1; P.L. 1975, ch. 240, § 1; P.L. 1976, ch. 140, § 15; P.L. 1976, ch. 314, § 2; P.L. 1978, ch. 309, § 1; P.L. 1981, ch. 96, § 1; P.L. 1981, ch. 97, § 1; P.L. 1981, ch. 98, § 1; P.L. 1981, ch. 99, § 1; P.L. 1984, ch. 57, § 1; P.L. 1988, ch. 81, § 1), consisting of §§ 31-31-1 — 31-31-22 and relating to the same subject matter, was repealed by P.L. 1991, ch. 167, § 2, effective June 16, 1991.

        Cross References.

        Procedure for adoption of rules, §§ 42-35-1 et seq.

        Comparative Legislation.

        Financial responsibility:

        Conn. Gen. Stat. § 38a-363 et seq.

        Compulsory liability insurance:

        Mass. Ann. Laws ch. 175, § 113A et seq.

        NOTES TO DECISIONS

        Constitutionality.

        The financial responsibility act is not violative of the equal protection clause or the due process clause of either the federal or state constitutions. Berberian v. Lussier, 87 R.I. 226 , 139 A.2d 869, 1958 R.I. LEXIS 45 (1958).

        Purpose.

        One of the purposes of the Motor Vehicle Safety Responsibility Act is to provide the registry with information that would allow it to determine whether the parties to the accident are financially responsible. Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        Scope of Act.

        The Motor Vehicle Safety Responsibility Act includes all sections of chapters 31 to 33 of title 31. Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        Collateral References.

        Cancellation of compulsory or “financial responsibility” automobile insurance. 44 A.L.R.4th 13.

        Failure to give notice, or other lack of co-operation by insured, as defense to action against compulsory liability insurer by injured member of the public. 31 A.L.R.2d 645.

        Governmental vehicles and their operators. 87 A.L.R.2d 1224.

        Joinder of insurer and insured under policy of compulsory indemnity or liability insurance in action by injured third person. 20 A.L.R.2d 1097.

        Liability of insurer, under compulsory statutory vehicle liability policy, to injured third persons, notwithstanding insured’s failure to comply with policy conditions, as measured by policy limits or by limits of financial responsibility act. 29 A.L.R.2d 817.

        Operator’s liability policy issued in compliance with financial responsibility statute. 88 A.L.R.2d 995.

        Policy provision extending coverage to comply with financial responsibility act as applicable to insured’s first accident. 8 A.L.R.3d 388.

        Rescission or avoidance, for fraud or misrepresentation of compulsory, financial responsibility, or assigned risk automobile insurance. 83 A.L.R.2d 1104.

        Validity of motor vehicle financial responsibility law. 35 A.L.R.2d 1011; 2 A.L.R.5th 725.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-2. Appeals from division of motor vehicles.

        Any person aggrieved by any decision, or order, of the division of motor vehicles, made pursuant to the provisions of chapters 31 — 33 of this title may appeal it to the traffic tribunal by filing, within ten (10) days from the date of the notice to the person of the issuance of the decision, or order, appealed from, a petition in that court stating the ground upon which the appeal is taken. Upon the filing of the petition, the court shall give thirty (30) days’ notice of the pendency of it to the division of motor vehicles by serving the administrator of the division of motor vehicles, in the manner in which subpoenas in equity are served, with a certified copy of the petition and the petition shall follow the course of equity so far as is applicable. Upon hearing the petition the court may review the evidence taken at a hearing, or investigator’s reports, or other information upon which the division’s action was taken and may, in its discretion, affirm or reverse or modify the decision or order, of the division of motor vehicles in whole or in part. The court shall determine whether the filing of the petition shall operate as a stay of the order or act of the administrator of the division of motor vehicles. A party aggrieved by a final order of the court may seek appellate review of it pursuant to the procedures set forth in § 31-41.1-8 .

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; P.L. 1993, ch. 142, § 1; P.L. 1994, ch. 332, § 1.

        NOTES TO DECISIONS

        Constitutionality.

        This section is sufficient to provide due process of law where license has been suspended. Berberian v. Lussier, 87 R.I. 226 , 139 A.2d 869, 1958 R.I. LEXIS 45 (1958).

        Since provision is made for judicial review of the action of the registry there is no violation in the suspension of a license during the pendency of an appeal from a conviction. Costakos v. Asselin, 91 R.I. 342 , 163 A.2d 52, 1960 R.I. LEXIS 104 (1960).

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-3. Abstracts of operating records.

        The administrator of the division of motor vehicles shall upon request furnish any insurance carrier or any person or surety a certified abstract of the operating record of any person subject to the provisions of chapters 31 — 33 of this title. This abstract shall fully designate the motor vehicles, if any, registered in the name of the person, shall include enumeration of any motor vehicle accidents in which the person has been involved and reference to any convictions of the persons for violation of the motor vehicle laws as reported to the division of motor vehicles, and if there is no record of any conviction of the person of a violation of any provision of any statute relating to the operation of a motor vehicle or of any injury or damage caused by the person as provided in this chapter, the administrator of the division of motor vehicles shall so certify. The administrator of the division of motor vehicles shall collect for each certification the sum of ten dollars ($10.00). The requirements of this section that the certificate be furnished shall not make the certificate admissible as evidence in any legal proceeding.

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; P.L. 1993, ch. 142, § 1.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-4. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; P.L. 1993, ch. 142, § 1; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-4 concerned application of chapter.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-5. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-5 concerned requirement to determine security and notices.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-6. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-6 concerned exceptions to requirement of security.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-7. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-7 concerned requirements as to policy or bond.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-8. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-10 concerned relief from security requirements.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-9. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-9 concerned failure to deposit security and suspensions.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-10. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-10 concerned relief from security requirements.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-11. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-11 concerned adjudication of nonliability.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-12. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-12 concerned agreements for payment of damages.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-13. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-13 concerned release upon payment of judgment.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-14. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-14 concerned termination of security requirement.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-15. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-15 concerned duration of suspension.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-16. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-16 concerned drivers not licensed in state; unregistered vehicles; and out of state accidents.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-17. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-17 concerned decrease in amount of security.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-18. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-18 concerned correction of action taken on erroneous information.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-19. [Repealed.]

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-19 concerned custody of security.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-20. [Repealed.]

        <<<<<<< HEAD

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        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-20 concerned application of security.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-21. [Repealed.]

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; repealed by P.L. 2021, ch. 398, § 1, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 1, effective July 14, 2021.

        Compiler's Notes.

        Former § 31-31-21 concerned return of deposit.

        <<<<<<< HEAD

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        >>>>>>> origin/main 31-31-22. Matters not to be evidenced in civil suits.

        The report required following an accident and the action taken by the division of motor vehicles upon which the action is based shall not be referred to in any way, and shall not be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages; provided, that the reports and the division action findings shall be admissible in any civil action based upon the uninsured motorist provision of an automobile insurance policy as evidence in proof of the existence of an uninsured motorist.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1993, ch. 4, § 2; P.L. 2021, ch. 398, § 4, effective July 14, 2021; P.L. 2021, ch. 399, § 4, effective July 14, 2021.

        Compiler's Notes.

        P.L. 2021, ch. 398, § 4, and P.L. 2021, ch. 399, § 4 enacted identical amendments to this section.

        Chapter 32 Proof of Financial Responsibility for the Future

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-1. Applicability.

        The provisions of this chapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws, or who have failed to pay judgments upon causes of action arising out of ownership, maintenance, or use of vehicles of a type subject to registration under the laws of this state.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1962, ch. 204, § 2.

        Comparative Legislation.

        Financial responsibility:

        Conn. Gen. Stat. § 14-112.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-2. “Proof of financial responsibility for the future” defined.

        1. “Proof of financial responsibility for the future”, as used in this chapter, means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one accident, and in the amount of twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident or seventy-five thousand dollars ($75,000) combined single limit.
        2. Wherever used in this chapter, “proof of financial responsibility” or “proof ” is synonymous with the term “proof of financial responsibility for the future”.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 1; G.L. 1956, § 31-31-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-2 ; P.L. 1964, ch. 171, § 2; P.L. 1968, ch. 7, § 1; P.L. 1976, ch. 314, § 1; P.L. 1988, ch. 81, § 2; P.L. 1991, ch. 167, § 3.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 1; G.L. 1956, § 31-31-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-2 ; P.L. 1964, ch. 171, § 2; P.L. 1968, ch. 7, § 1; P.L. 1976, ch. 314, § 1; P.L. 1988, ch. 81, § 2; P.L. 1991, ch. 167, § 3.

        >>>>>>> origin/main

        Compiler’s Notes.

        Section 5 of P.L. 1991, ch. 167, as amended by P.L. 1997, ch. 89, § 1, provides that most of ch. 167 of P.L. 1991 is repealed effective November 1, 1999.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-3. Definitions.

        The following words and phrases when used in this chapter for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

        1. “Judgment” means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any vehicle of a type subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of it, or upon a cause of action on an agreement of settlement for the damages.
        2. “State” means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 1; G.L. 1956, § 31-31-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-3 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 1; G.L. 1956, § 31-31-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-3 .

        >>>>>>> origin/main 31-32-4. Proof required under certain circumstances.

        1. Whenever the license of any person is revoked pursuant to the provisions of § 31-11-6 , and whenever the division of motor vehicles, pursuant to the provisions of § 31-11-7 , suspends or revokes the license of an operator or chauffeur upon a showing by its records or other sufficient evidence that the licensee has committed an offense for which mandatory revocation of license is required upon conviction, the division of motor vehicles shall suspend the registration of all vehicles registered in the name of the person as owner.
        2. Whenever under any other law of this state the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the division of motor vehicles may suspend the registration of all vehicles registered in the name of the person as owner if the administrator of the division of motor vehicles finds that the public safety so requires; provided, that:
          1. If the owner has previously given or shall immediately give and maintain proof of financial responsibility for the future with respect to all vehicles registered by the person as the owner, the division of motor vehicles shall not suspend the registration unless otherwise required by law.
          2. If a conviction arose out of the operation, with permission, of a vehicle owned by or leased to the United States, this state, or a municipality of it, the division of motor vehicles shall suspend or revoke the license only with respect to the operation of vehicles not so owned or leased and shall not suspend the registration of any vehicle so owned or leased.
          1. Whenever the license of any person is revoked pursuant to the provisions of § 31-11-6 , the administrator of the division of motor vehicles shall require that person to maintain proof of financial responsibility for the future with respect to all vehicles registered by the person or owner.
          2. Whenever the license of any person shall have been suspended for having violated any provisions of the motor vehicle laws other than those enumerated in § 31-11-6 , once within a period of twenty-four (24) calendar months, the administrator of the division of motor vehicles may in his or her discretion require the person to maintain proof of financial responsibility for the future with respect to all vehicles registered by the person as the owner. Whenever the license of any person shall have been suspended twice within a period of twenty-four (24) calendar months, the administrator of the division of motor vehicles shall require the person to maintain proof of financial responsibility for the future with respect to all vehicles registered by the person as the owner.
        4. Notwithstanding the provisions of subsection (c) of this section, whenever the license of any person is suspended pursuant to the provisions of § 31-27-2 or 31-27-2 .1, the administrator of the division of motor vehicles shall require the person to maintain proof of financial responsibility for three (3) years.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-26 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-4 ; P.L. 1968, ch. 282, § 1; P.L. 1970, ch. 279, § 1; P.L. 1988, ch. 377, § 1.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-26 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-4 ; P.L. 1968, ch. 282, § 1; P.L. 1970, ch. 279, § 1; P.L. 1988, ch. 377, § 1.

        >>>>>>> origin/main

        NOTES TO DECISIONS

        Constitutionality.

        The suspension of a motorist’s registration without first offering the motorist the opportunity of a hearing is violative of his or her due process rights. Levesque v. Rhode Island Dep't of Transp., 626 A.2d 1286, 1993 R.I. LEXIS 194 (R.I. 1993).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-5. Suspension until proof furnished.

        The suspension or revocation required under § 31-32-4(a) , (b), and (c)(1) shall remain in effect and the division of motor vehicles shall not issue to that person any new or renewal of license, or register or reregister in the name of the person as owner of the vehicle until permitted under the motor vehicle laws of this state, and only if the person shall give and maintain proof of financial responsibility for the future; provided, that for a suspension under § 31-32-4(c)(2) the division of motor vehicles shall in its discretion issue or renew a license of the person without maintaining proof of financial responsibility for the future.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-27 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-5 ; P.L. 1970, ch. 279, § 2.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-27 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-5 ; P.L. 1970, ch. 279, § 2.

        >>>>>>> origin/main 31-32-6. Action in respect to unlicensed person.

        If a person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of a license, or for driving a motor vehicle upon the highways without being licensed to do so, or for driving an unregistered vehicle upon the highways, no license shall be thereafter issued to that person and no vehicle shall continue to be registered or thereafter be registered in the name of the person as owner, unless he or she shall give and maintain proof of financial responsibility for the future.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-28 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-6 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-28 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-6 .

        >>>>>>> origin/main 31-32-7. Action in respect to nonresidents.

        Whenever the division of motor vehicles suspends or revokes a nonresident’s operation privilege by reason of a conviction or forfeiture of bail, the privilege shall remain suspended or revoked unless the person shall have previously given or shall immediately give and maintain proof of financial responsibility for the future.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-29 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-7 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-29 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-7 .

        >>>>>>> origin/main 31-32-8. Courts to report nonpayment of judgments.

        Whenever any person fails within sixty (60) days to satisfy any judgment, then upon the written request of the judgment creditor or his or her attorney, it shall be the duty of the clerk of the court in which the judgment is rendered within this state to immediately upon the request forward to the division of motor vehicles a certified copy of the judgment.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 12; G.L. 1956, § 31-32-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-8 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 12; G.L. 1956, § 31-32-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-8 .

        >>>>>>> origin/main 31-32-9. Division of motor vehicles to notify licensing state.

        If the defendant named in any certified copy of a judgment reported to the division of motor vehicles is a nonresident, the division of motor vehicles shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations in the state of which the defendant is a resident.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 12; G.L. 1956, § 31-32-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-9 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 12; G.L. 1956, § 31-32-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-9 .

        >>>>>>> origin/main 31-32-10. Suspension for nonpayment of judgment.

        The division of motor vehicles upon receipt of a certificate copy of a judgment shall immediately suspend the license and registration and any nonresident’s operating privilege, of any person against whom the judgment was rendered, except as otherwise provided in this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 13; G.L. 1956, § 31-32-18 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-10 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 13; G.L. 1956, § 31-32-18 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-10 .

        >>>>>>> origin/main

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Bankruptcy.

        This section is a collection device provided by the state to assist in the recovery of claims by motor vehicle accident judgment creditors, and, as such, the automatic stay under 11 U.S.C. § 362(a)(1) bars the DOT from enforcing this collection remedy after the judgment debtor files a petition under the Bankruptcy Code. In re Duke, 167 B.R. 324, 1994 Bankr. LEXIS 740 (Bankr. D.R.I. 1994).

        =======
        Bankruptcy.

        This section is a collection device provided by the state to assist in the recovery of claims by motor vehicle accident judgment creditors, and, as such, the automatic stay under 11 U.S.C. § 362(a)(1) bars the DOT from enforcing this collection remedy after the judgment debtor files a petition under the Bankruptcy Code. In re Duke, 167 B.R. 324, 1994 Bankr. LEXIS 740 (Bankr. D.R.I. 1994).

        >>>>>>> origin/main 31-32-11. Exception in relation to certain vehicles.

        The provisions of § 31-32-10 shall not apply with respect to any judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or a municipality of it, any ambulance owned by a hospital, or any motor propelled fire engines or other fire apparatus owned by volunteer fire companies whether incorporated or not, any motor vehicle owned by volunteer fire companies whether incorporated or not, any motor vehicle owned by a representative of a foreign country duly accredited to the United States government, nor any motor vehicle which is subject to the requirements of any of chapters 12 — 14 of title 39.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 33; P.L. 1955, ch. 3530, § 7; G.L. 1956, § 31-31-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-11 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 33; P.L. 1955, ch. 3530, § 7; G.L. 1956, § 31-31-17 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-11 .

        >>>>>>> origin/main 31-32-12. Exception when consent granted by judgment creditor.

        If the judgment creditor consents in writing, in the form that the division of motor vehicles may prescribe, that the judgment debtor be allowed a license and registration or nonresident’s operating privilege, those may be allowed by the division of motor vehicles, in its discretion, for six (6) months from the date of the consent and, until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments of it as prescribed in § 31-32-17 , provided the judgment debtor furnished proof of financial responsibility.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 13; G.L. 1956, § 31-32-19 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-12 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 13; G.L. 1956, § 31-32-19 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-12 .

        >>>>>>> origin/main 31-32-13. Exception when insurer liable.

        No license, registration, or nonresident’s operating privilege of any person shall be suspended under the provisions of this chapter if the division of motor vehicles shall find that an insurer was obligated to pay the judgment upon which the suspension is based, at least to the extent and for the amounts required in this chapter, but has not paid the judgment for any reason. A finding by the division of motor vehicles that an insurer is obligated to pay a judgment shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this section. Whenever in any judicial proceedings it shall be determined by any final judgment, decree, or order than an insurer is not obligated to pay the judgment, the division of motor vehicles, notwithstanding any contrary finding previously made by it, shall immediately suspend the license and registration and any nonresident’s operating privilege of any person against whom the judgment was rendered, as provided in § 31-32-10 .

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 13A; P.L. 1955, ch. 3530, § 6; G.L. 1956, § 31-32-20 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-13 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 13A; P.L. 1955, ch. 3530, § 6; G.L. 1956, § 31-32-20 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-13 .

        >>>>>>> origin/main 31-32-14. Duration of suspension for unsatisfied judgment.

        The license, registration, and nonresident’s operating privilege shall remain so suspended and shall not be renewed, nor shall the license or registration be thereafter issued in the name of the person, including any person not previously licensed, unless and until the judgment is stayed, satisfied in full, or to the extent provided in this chapter, and until the person gives proof of financial responsibility subject to the exemptions stated in §§ 31-32-12 , 31-32-13 , and 31-32-17 .

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 14; G.L. 1956, § 31-32-21 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-14 ; P.L. 1964, ch. 218, § 2; P.L. 2021, ch. 398, § 5, effective July 14, 2021; P.L. 2021, ch. 399, § 5, effective July 14, 2021.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 14; G.L. 1956, § 31-32-21 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-14 ; P.L. 1964, ch. 218, § 2; P.L. 2021, ch. 398, § 5, effective July 14, 2021; P.L. 2021, ch. 399, § 5, effective July 14, 2021.

        >>>>>>> origin/main

        Compiler's Notes.

        P.L. 2021, ch. 398, § 5, and P.L. 2021, ch. 399, § 5 enacted identical amendments to this section.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-15. Discharge in bankruptcy.

        A discharge in bankruptcy following the rendering of the judgment shall not relieve the judgment debtor from any of the requirements of this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 14; G.L. 1956, § 31-32-21 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-15 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 14; G.L. 1956, § 31-32-21 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-15 .

        >>>>>>> origin/main 31-32-16. Payment sufficient to satisfy requirements.

        1. Judgments referred to in this chapter shall, for the purpose of this chapter only, be deemed satisfied:
          1. When twenty-five thousand dollars ($25,000) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
          2. When, subject to the limit of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person, the sum of fifty thousand dollars ($50,000) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two (2) or more persons as the result of any one accident; or
          3. When twenty-five thousand dollars ($25,000) has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident; or seventy-five thousand dollars ($75,000) combined bodily injury and property damage.
        2. Provided, payments made in settlements of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this section.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 15; G.L. 1956, § 31-32-22 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-16 ; P.L. 1964, ch. 171, § 3; P.L. 1968, ch. 7, § 1; P.L. 1976, ch. 314, § 1; P.L. 1988, ch. 81, § 2; P.L. 1991, ch. 167, § 3.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 15; G.L. 1956, § 31-32-22 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-16 ; P.L. 1964, ch. 171, § 3; P.L. 1968, ch. 7, § 1; P.L. 1976, ch. 314, § 1; P.L. 1988, ch. 81, § 2; P.L. 1991, ch. 167, § 3.

        >>>>>>> origin/main

        Compiler’s Notes.

        Section 5 of P.L. 1991, ch. 167, as amended by P.L. 1997, ch. 89, § 1, provides that most of ch. 167 of P.L. 1991 is repealed effective November 1, 1999.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-17. Installment payment of judgments.

        1. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments. The court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of these installments.
        2. The division of motor vehicles shall not suspend a license, registration, or nonresident’s operating privilege, and shall restore any license, registration, or nonresident’s operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment installments, and while the payment of any installments is not in default.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 16; G.L. 1956, §§ 31-32-23 , 31-32-24 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-17 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 16; G.L. 1956, §§ 31-32-23 , 31-32-24 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-17 .

        >>>>>>> origin/main 31-32-18. Action on default.

        In the event the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division of motor vehicles shall immediately suspend the license, registration, or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 16; G.L. 1956, § 31-32-25 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-18 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 16; G.L. 1956, § 31-32-25 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-18 .

        >>>>>>> origin/main 31-32-19. Proof required for each registered vehicle.

        No vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility for the future unless proof shall be furnished for the vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-27 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-19 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 17; G.L. 1956, § 31-32-27 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-19 .

        >>>>>>> origin/main 31-32-20. Alternate methods of giving proof.

        Proof of financial responsibility when required under this chapter, with respect to a vehicle or with respect to a person who is not the owner of a vehicle, may be given by filing:

        1. A certificate of insurance as provided in § 31-32-21 or 31-32-22 ;
        2. A bond as provided in 31-32-27 ;
        3. A certificate of deposit of money or securities as provided in § 31-32-30 ;
        4. A certificate of self-insurance, as provided in § 31-33-9 , supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, the self-insurer will pay the same amounts that an insurer would have been obliged to pay under an owner’s motor vehicle liability policy if it had issued a policy to the self-insurer.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 18; G.L. 1956, § 31-32-30 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-20 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 18; G.L. 1956, § 31-32-30 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-20 .

        >>>>>>> origin/main 31-32-21. Certificate of insurance as proof.

        Proof of financial responsibility for the future may be furnished by filing with the division of motor vehicles the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered by it, unless the policy is issued to a person who is not the owner of a motor vehicle.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 19; G.L. 1956, § 31-32-31 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-21 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 19; G.L. 1956, § 31-32-31 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-21 .

        >>>>>>> origin/main 31-32-22. Certificate furnished by nonresident as proof.

        A nonresident may give proof of financial responsibility by filing with the division of motor vehicles a written certificate or certificate of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by the nonresident is registered, or in the state in which the nonresident resides, if he or she does not own a vehicle, provided the certificate otherwise conforms with the provisions of this chapter. The division of motor vehicles shall accept the certificate upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified.

        1. The insurance carrier shall execute a power of attorney authorizing the division of motor vehicles to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state.
        2. The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued in it.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 20; G.L. 1956, § 31-32-32 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-22 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 20; G.L. 1956, § 31-32-32 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-22 .

        >>>>>>> origin/main 31-32-23. Default by nonresident insurer.

        If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any undertakings or agreements, the division of motor vehicles shall not accept as proof any certificate of the carrier whether filed or tendered as proof after that time, so long as the default continues.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 20; G.L. 1956, § 31-32-32 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-23 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 20; G.L. 1956, § 31-32-32 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-23 .

        >>>>>>> origin/main 31-32-24. “Motor vehicle liability policy” defined.

        1. Certification.  “Motor vehicle liability policy” as the term is used in this chapter means an “owner’s policy” or an “operator’s policy” of liability insurance, certified as provided in § 31-32-21 or 31-32-22 as proof of financial responsibility for the future, and issued, except as otherwise provided in § 31-32-22 , by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named in it as insured.
        2. Owner’s policy.  The owner’s policy of liability insurance:
          1. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is to be granted by it; and
          2. Shall insure the person named in it and any other person, as insured, using any vehicle or vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of that vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each vehicle, as follows:
            1. Twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident; and
            2. Subject to the limit for one person, fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one accident; and
            3. Twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident or seventy-five thousand dollars ($75,000) combined single limit.
        3. Operator’s policy.  The operator’s policy of liability insurance shall insure the person named as insured in it against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.
        4. Required statements in policies.  The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged for that coverage, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
        5. Policy need not insure under workers’ compensation law or employees.  The motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment other than domestic of the insured, or while engaged in the operation, maintenance, or repair of any vehicle, nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
        6. Provisions incorporated in policy.  Every motor vehicle liability policy shall be subject to the following provisions which need not be contained in it:
          1. The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs; the policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his or her behalf and no violation of the policy shall defeat or void the policy.
          2. The satisfaction by the insured of a judgment for an injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.
          3. The insurance carrier shall have the right to settle any claim covered by the policy. If the settlement is made in good faith, the amount of it shall be deductible from the limits of liability specified in subsection (b)(2) of this section.
          4. The policy, the written application for it, if any, and any rider or endorsement which does not conflict with the provisions of this chapter, shall constitute the entire contract between the parties.
        7. Excess or additional coverage.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants the excess or additional coverage, the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.
        8. Reimbursement provision permitted.  Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
        9. Proration of insurance permitted.  Any motor vehicle liability policy may provide for the prorating of the insurance it provides with other valid and collectible insurance.
        10. Multiple policies.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet the requirements.
        11. Binders.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 21; G.L. 1956, §§ 31-32-33 — 31-32-40; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-24 ; P.L. 1968, ch. 7, § 2; P.L. 1976, ch. 314, § 1; P.L. 1991, ch. 167, § 3.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 21; G.L. 1956, §§ 31-32-33 — 31-32-40; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-24 ; P.L. 1968, ch. 7, § 2; P.L. 1976, ch. 314, § 1; P.L. 1991, ch. 167, § 3.

        >>>>>>> origin/main

        Compiler’s Notes.

        Section 5 of P.L. 1991, ch. 167, as amended by P.L. 1997, ch. 89, § 1, provides that most of ch. 167 of P.L. 1991 is repealed effective November 1, 1999.

        NOTES TO DECISIONS

        Applicability.

        In a dispute between insurers as to the apportionment of their liability in a settlement agreement, R.I. Gen. Laws § 31-32-24(i) was inapplicable, because neither policy provided for the proration of liability. Ferreira v. Mello, 811 A.2d 1175, 2002 R.I. LEXIS 244 (R.I. 2002).

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-32-25. Notice of cancellation or termination of certified policy.

        When an insurance carrier has certified a motor vehicle liability policy under § 31-32-21 or 31-32-22 , and the certified policy is subsequently cancelled or terminated by the insurance carrier, a notice of cancellation or termination of the insurance so certified shall be filed, by the insurance carrier, in the division of motor vehicles. However, a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any vehicle designated in both certificates.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 22; G.L. 1956, § 31-32-41; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-25 ; P.L. 2007, ch. 57, § 1; P.L. 2007, ch. 69, § 1.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 22; G.L. 1956, § 31-32-41; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-25 ; P.L. 2007, ch. 57, § 1; P.L. 2007, ch. 69, § 1.

        >>>>>>> origin/main 31-32-26. Chapter not to affect other policies.

        1. This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or subsequently be required by any other law of this state, and the policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
        2. This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured’s employ or on his or her behalf of vehicles not owned by the insured.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 23; G.L. 1956, §§ 31-32-42, 31-32-43; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-26 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 23; G.L. 1956, §§ 31-32-42, 31-32-43; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-26 .

        >>>>>>> origin/main 31-32-27. Bond as proof.

        Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two (2) individual sureties each owning real estate within this state, and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by a judge of a court of record, which bond shall be conditioned for payment of the amounts specified in § 31-32-2 . The bond shall be filed with the division of motor vehicles and shall not be cancelable except after ten (10) days’ written notice to the division of motor vehicles.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-27 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-27 .

        >>>>>>> origin/main 31-32-28. Recorded bond constitutes a lien.

        The bond shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed the bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of it, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after the bond was filed, upon the filing of notice to that effect by the division of motor vehicles in the office of the town clerk or recorder of deeds in the town or city where the real estate shall be located.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-28 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-28 .

        >>>>>>> origin/main 31-32-29. Action on bond.

        If a judgment, rendered against the principal on the bond, shall not be satisfied within sixty (60) days after it has become final, the judgment creditor may, for his or her own use and benefit and at his or her sole expense, bring an action or actions in the name of the state against the company or persons executing the bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed the bond.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-29 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 24; G.L. 1956, § 31-32-44; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-29 .

        >>>>>>> origin/main 31-32-30. Money or securities as proof.

        Proof of financial responsibility may be evidenced by the certificate of the general treasurer that the person named in it has deposited with him or her sixty thousand dollars ($60,000) in cash, or securities, that may be legally purchased by savings banks or for trust funds of a market value of sixty thousand dollars ($60,000). The general treasurer shall not accept any deposit and issue a certificate for it and the division of motor vehicles shall not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 25; G.L. 1956, § 31-32-45; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-30 ; P.L. 1968, ch. 7, § 3; P.L. 1976, ch. 314, § 1.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 25; G.L. 1956, § 31-32-45; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-30 ; P.L. 1968, ch. 7, § 3; P.L. 1976, ch. 314, § 1.

        >>>>>>> origin/main 31-32-31. Application of deposit.

        The deposit shall be held by the general treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against the person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of it, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after the deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless the attachment or execution shall arise out of a suit for damages.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 25; G.L. 1956, § 31-32-45; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-31 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 25; G.L. 1956, § 31-32-45; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-31 .

        >>>>>>> origin/main 31-32-32. Owner may give proof for others.

        The owner of a motor vehicle may give proof of financial responsibility on behalf of his or her employee or a member of his immediate family or household in lieu of the furnishing of proof by any person. The furnishing of proof shall permit the person to operate only a motor vehicle covered by the proof. The division of motor vehicles shall endorse appropriate restrictions on the face of the license held by the person or may issue a new license containing the restrictions.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 26; G.L. 1956, § 31-32-46; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-32 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 26; G.L. 1956, § 31-32-46; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-32 .

        >>>>>>> origin/main 31-32-33. Substitution of proof.

        The division of motor vehicles shall consent to the cancellation of any bond or certificate of insurance, or the division of motor vehicles shall direct and the general treasurer shall return any money or securities to the person entitled to it upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 27; G.L. 1956, § 31-32-47; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-33 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 27; G.L. 1956, § 31-32-47; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-33 .

        >>>>>>> origin/main 31-32-34. Requiring additional proof.

        Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which it is required, the division of motor vehicles shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresident’s operating privilege pending the filing of other proof.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 28; G.L. 1956, § 31-32-48; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-34 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 28; G.L. 1956, § 31-32-48; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-34 .

        >>>>>>> origin/main 31-32-35. Duration of proof — Cancellation or return.

        1. The division of motor vehicles shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the division of motor vehicles shall direct and the general treasurer shall return to the person entitled to it any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the division of motor vehicles shall waive the requirement of filing proof, in any of the following events:
          1. At any time after one year from the date the proof was required when, during the one year period preceding the request, the division of motor vehicles has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration, or nonresident’s operating privilege of the person by or for whom the proof was furnished;
          2. In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or
          3. In the event the person who has given proof surrenders his or her license and registration to the division of motor vehicles.
        2. Provided, that the division of motor vehicles shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by the proof is then pending or any judgment upon any liability is then unsatisfied, or in the event the person who has filed the bond or deposited the money or securities has within one year immediately preceding the request been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the non-existence of such facts, or that he or she has been released from all of his or her liability, or has been finally adjudicated not to be liable, for the injury or damage, shall be sufficient evidence of it in the absence of evidence to the contrary in the records of the division of motor vehicles.
        3. Whenever any person whose proof has been cancelled or returned under subsection (a)(3) of this section applies for a license or registration within a period of the one year from the date proof was originally required, the application shall be refused unless the applicant shall reestablish the proof for the remainder of the one year period.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 29; P.L. 1953, ch. 3111, § 1; G.L. 1956, § 31-32-49; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-35 ; P.L. 1978, ch. 309, § 2; P.L. 1986, ch. 494, § 1.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 29; P.L. 1953, ch. 3111, § 1; G.L. 1956, § 31-32-49; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-32-35 ; P.L. 1978, ch. 309, § 2; P.L. 1986, ch. 494, § 1.

        >>>>>>> origin/main 31-32-36. Three-year requirement construed.

        Whenever in the general laws there is a reference to a three (3) year requirement for financial responsibility, it shall be construed to be a one year requirement except as provided in § 31-32-4(d) of this chapter.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main History of Section. P.L. 1978, ch. 309, § 3; P.L. 1986, ch. 494, § 1; P.L. 1988, ch. 377, § 1.

        Chapter 33 Safety Responsibility Violations — General Provisions

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-33-1. Accident reports.

        The operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured, or in which damage to the property of any one person, including the operator, in excess of five hundred dollars ($500) is sustained, shall, within twenty-one (21) days after the accident, report the matter in writing to the division of motor vehicles. The report, the form of which shall be prescribed by the division of motor vehicles, shall contain information to enable the division of motor vehicles to determine whether the requirements for the deposit of security under chapters 31 and 32 of this title are inapplicable by reason of the existence of insurance or other exceptions specified in the chapters, and the administrator of the division of motor vehicles may regard the information given as true, until the contrary reasonably appears. If that operator is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, within twenty-one (21) days after learning of the accident, make the report. The operator or the owner shall furnish any additional relevant information that the division of motor vehicles shall require.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 4; G.L. 1956, § 31-32-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-1 ; P.L. 1968, ch. 185, § 1; P.L. 1982, ch. 40, § 2; P.L. 1987, ch. 48, § 2; P.L. 2000, ch. 274, § 1.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 4; G.L. 1956, § 31-32-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-1 ; P.L. 1968, ch. 185, § 1; P.L. 1982, ch. 40, § 2; P.L. 1987, ch. 48, § 2; P.L. 2000, ch. 274, § 1.

        >>>>>>> origin/main

        Cross References.

        Penalty for failure to file report, § 31-33-2 .

        Comparative Legislation.

        Accident reports:

        Mass. Ann. Laws ch. 90, § 26.

        NOTES TO DECISIONS

        <<<<<<< HEAD

        Private Property.

        This chapter applies to accidents occurring on private property as well as to those occurring on the public ways. Davis v. Lussier, 86 R.I. 304 , 134 A.2d 124, 1957 R.I. LEXIS 87 (1957).

        =======
        Private Property.

        This chapter applies to accidents occurring on private property as well as to those occurring on the public ways. Davis v. Lussier, 86 R.I. 304 , 134 A.2d 124, 1957 R.I. LEXIS 87 (1957).

        >>>>>>> origin/main

        Collateral References.

        Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property. 69 A.L.R.2d 1148.

        Pretrial discovery to secure opposing party’s private reports or records as to previous accidents or incidents involving the same place or premises. 74 A.L.R.2d 876.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-33-2. Failure to file accident report.

        Failure to report an accident as required in § 31-33-1 shall be punished by a fine as provided for in § 31-41.1-4 , and the division of motor vehicles shall suspend the license of the person failing to make report, or the nonresident’s operating privilege of the person, until a report has been filed and for any further period not to exceed thirty (30) days that the division of motor vehicles may fix.

        History of Section. P.L. 1952, ch. 3002, § 32; G.L. 1956, § 31-33-3 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-2 ; P.L. 2002, ch. 58, § 8; P.L. 2002, ch. 292, § 124; P.L. 2008, ch. 100, art. 12, § 12.

        <<<<<<< HEAD
        =======

        History of Section.

        P.L. 1952, ch. 3002, § 32; G.L. 1956, § 31-33-3 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-2 ; P.L. 2002, ch. 58, § 8; P.L. 2002, ch. 292, § 124; P.L. 2008, ch. 100, art. 12, § 12.

        >>>>>>> origin/main Applicability.

        P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

        P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

        Collateral References.

        Failure to comply with statute requiring one involved in automobile accident to stop or report as affecting question as to suspension or tolling statute of limitation. 10 A.L.R.2d 564.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-33-3. Falsification of reports or proof of responsibility.

        Any person who gives information required in a report or otherwise as provided for in § 31-33-1 , knowing or having reason to believe that the information is false, or who shall forge or, without authority, sign any evidence of proof of financial responsibility for the future as required by chapter 32 of this title or who files or offers for filing any evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 32; G.L. 1956, § 31-33-4 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-3 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 32; G.L. 1956, § 31-33-4 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-3 .

        >>>>>>> origin/main

        Comparative Legislation.

        Falsifying proof of financial responsibility:

        Conn. Gen. Stat. §§ 14-110, 14-111 and 14-112.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-33-4. Transfer of registration to defeat purpose.

        1. If an owner’s registration has been suspended under the provisions of chapter 31 or 32 of this title, the registration shall not be transferred, nor the vehicle in respect to which the registration was issued, be registered in any other name until the division of motor vehicles is satisfied that the transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of these chapters.
        2. Nothing in this section shall in any way affect the rights of any conditional vendor, chattel mortgagee, or lessor of a vehicle registered in the name of another as owner who becomes subject to the provisions of this section.
        3. The division of motor vehicles shall suspend the registration of any vehicle transferred in violation of the provisions of this section.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 30; G.L. 1956, § 31-33-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-4 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 30; G.L. 1956, § 31-33-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-4 .

        >>>>>>> origin/main 31-33-5. Surrender of license and registration.

        1. Any person whose license or registration shall have been suspended under any provision of chapter 31 or 32 of this title, or whose policy of insurance or bond, when required under it, shall have been canceled or terminated, shall immediately return his or her license and registration to the division of motor vehicles. If any person shall fail to return to the division of motor vehicles the license or registration as provided in these chapters, the division of motor vehicles shall immediately direct any peace officer to secure possession of it and to return the same to the division of motor vehicles.
        2. Any person willfully failing to return a license or registration as required in subsection (a) of this section, shall be fined not more than five hundred dollars ($500) or imprisoned not to exceed thirty (30) days, or both.
        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, §§ 31, 32; G.L. 1956, § 31-33-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-5 .

        =======

        History of Section.

        P.L. 1952, ch. 3002, §§ 31, 32; G.L. 1956, § 31-33-2 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-5 .

        >>>>>>> origin/main

        Comparative Legislation.

        Surrender of license and registration:

        Conn. Gen. Stat. § 14-111.

        Mass. Ann. Laws ch. 90, § 34H.

        <<<<<<< HEAD

        =======

        >>>>>>> origin/main 31-33-6. Owner’s liability for acts of others.

        Whenever any motor vehicle shall be used, operated, or caused to be operated upon any public highway of this state with the consent of the owner, lessee, or bailee, expressed or implied, the driver of it, if other than the owner, lessee, or bailee, shall in the case of an accident be deemed to be the agent of the owner, lessee, or bailee, of the motor vehicle unless the driver shall have furnished proof of financial responsibility in the amount set forth in chapter 32 of this title, prior to the accident. For the purposes of this section, the term “owner” includes any person, firm, copartnership, association, or corporation having the lawful possession or control of a motor vehicle under a written sale agreement.

        <<<<<<< HEAD

        History of Section. P.L. 1952, ch. 3002, § 38; G.L. 1956, § 31-31-3 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-6 ; P.L. 2003, ch. 115, § 1; P.L. 2003, ch. 117, § 1; P.L. 2004, ch. 219, § 5; P.L. 2004, ch. 224, § 5; P.L. 2005, ch. 137, § 5.

        =======

        History of Section.

        P.L. 1952, ch. 3002, § 38; G.L. 1956, § 31-31-3 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-6 ; P.L. 2003, ch. 115, § 1; P.L. 2003, ch. 117, § 1; P.L. 2004, ch. 219, § 5; P.L. 2004, ch. 224, § 5; P.L. 2005, ch. 137, § 5.

        >>>>>>> origin/main

        Cross References.

        Liability of owner of rental vehicle, § 31-34-4 .

        Law Reviews.

        2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

        Rachel E. Dunham, 2019 Survey: Puerini v. LaPierre, 25 Roger Williams U. L. Rev. 554 (2020).

      7. Consent.
      8. Contributory Negligence.
      9. Deviation From Owner’s Business.
      10. Evidence.
      11. Lessees.
      12. Owner.
      13. Principal-Agent.
      14. Public Highway.
      15. Relationship to Federal Law.
      16. Release.
      17. Scope of Agency.
      18. Use of Accident Reports.
      19. Vehicle.
        20. Bailees. >>>>>>> origin/main

        A prospective purchaser driving a car, with the permission of the dealer-owner, to test it and determine whether or not he wished to buy it was the bailee of such car and not the agent of the dealer. Redding v. Picard Motor Sales, Inc., 403 F.2d 788, 1968 U.S. App. LEXIS 4813 (1st Cir. 1968).

        This section does not make a bailee the agent of the owner. Ford v. Dorcus, 54 R.I. 1 , 168 A. 814, 1933 R.I. LEXIS 1 (1933); Goulet v. Coca-Cola Bottling Co., 83 R.I. 310 , 116 A.2d 178, 1955 R.I. LEXIS 59 (1955).

        Son living at home and using family vehicle for social purposes was not a bailee, so was father’s agent under this section. Emond v. Fallon, 56 R.I. 419 , 186 A. 15, 1936 R.I. LEXIS 113 (1936).

        Defendant seeking to avoid liability under this section on ground that operator was a bailee has burden of proof as to bailment. Gallo v. American Egg Co., 76 R.I. 450 , 72 A.2d 166, 1950 R.I. LEXIS 19 (1950).

        Fact that owner’s agent was riding in front seat did not prevent garageman’s operation of vehicle from being that of a bailee. Goulet v. Coca-Cola Bottling Co., 83 R.I. 310 , 116 A.2d 178, 1955 R.I. LEXIS 59 (1955).

        In an action against an automobile dealer under this section for damages from the operation of an automobile owned by him, where the evidence was that the person who drove the automobile out of the dealer’s place of business had previously road-tested it and another automobile with a view to purchasing one of them and, on the occasion of the accident had road-tested said other automobile before taking out the one involved in the accident, the inference that possession of the car was under agreement of bailment is of such probability as to negative the probative force of the inference reached by the trial court that such possession was merely by consent of the owner and that the operator was the agent of the owner under this section. Redding v. Picard Motor Sales, 102 R.I. 239 , 229 A.2d 762, 1967 R.I. LEXIS 677 (1967).

        Where a defendant, alleged to be the owner of an automobile involved in a collision, averred without contradiction that, at the time of the alleged collision, the automobile was bailed for repair and being operated by the employee of the bailee without the knowledge or consent of the defendant. Defendant’s motion for summary judgment was properly granted. Battista v. Muscatelli, 106 R.I. 514 , 261 A.2d 636, 1970 R.I. LEXIS 953 (1970).

        Where there was sufficient evidence to establish that the car in question was registered to defendant and was driven by an employee of defendant, the burden was upon defendant to prove that it was done so without his consent and where there was evidence that the employee had previously been dismissed for the day for intoxication, the question was for the jury to determine. Budwee v. New England Motors, 99 R.I. 663 , 210 A.2d 131, 1965 R.I. LEXIS 499 (1965).

        A judgment in favor of a Rhode Island motorist against a Connecticut automobile dealer, whose car was involved in a collision in Rhode Island, is set aside, and a new trial ordered, where it can not be determined, upon the record, whether the dealer consented to the car’s being driven in Rhode Island. Ostrosky v. Sczapa, 868 F.2d 1, 1989 U.S. App. LEXIS 1378 (1st Cir. 1989).

        This section abrogates the common-law rule that shielded an automobile owner from liability for the negligence of a person to whom the vehicle was entrusted unless such negligence occurred while the operator was engaged in the owner’s business. It predicates the owner’s liability on the granting of permission to use a potentially dangerous instrumentality. Ostrosky v. Sczapa, 739 F. Supp. 715, 1990 U.S. Dist. LEXIS 8694 (D.R.I. 1990).

        Connecticut automobile dealer is not liable for the negligent operation of its vehicle in Rhode Island by its salesman’s brother, where there is no evidence that the dealer consented to the brother’s operation of the car or that it consented to the car being operated in Rhode Island. Ostrosky v. Sczapa, 739 F. Supp. 715, 1990 U.S. Dist. LEXIS 8694 (D.R.I. 1990).

        Limiting instructions given by the officer of the personal injury claimant’s employer did not free the owner of liability under R.I. Gen. Laws § 31-33-6 , where the owner had given the driver, an employee, permisison to operate the vehicle for work purposes, the prohibition by an officer of the vehicle owner against interim use was immaterial. Black v. Vaiciulis, 934 A.2d 216, 2007 R.I. LEXIS 107 (R.I. 2007).

        In vehicle owner 1’s action for damages stemming from a collision, R.I. Gen. Laws §§ 31-33-6 and 31-33-7 , a trial court erred in granting summary judgment to vehicle owner 2 because she was the vehicle’s registered owner at the time of the collision, which served as prima facie evidence under § 31-33-7 that she gave consent to the unidentified driver to use her vehicle and owner 2’s submission of an affidavit and a police report created conflicting evidence on the issue of consent, which was a question for a jury to resolve. Pichardo v. Stevens, 55 A.3d 762, 2012 R.I. LEXIS 139 (R.I. 2012).

        Contributory Negligence.

        This section applies to plaintiffs as well as to defendants and requires that a plaintiff alleging that its vehicle was operated with its consent also allege that the operator was free from contributory negligence. Davis Pontiac Co. v. Sirois, 82 R.I. 32 , 105 A.2d 792, 1954 R.I. LEXIS 7 (1954).

        Deviation From Owner’s Business.

        Owner who consented to use of vehicle, either expressly or by implication, was responsible for acts of operator even on unauthorized deviation from the owner’s business. Guerin v. Mongeon, 49 R.I. 414 , 143 A. 674, 1928 R.I. LEXIS 78 (1928); Massart v. Narragansett Elec. Co., 54 R.I. 154 , 171 A. 238, 1934 R.I. LEXIS 29 (1934); F. D. McKendall Lumber Co. v. Ramieri, 85 R.I. 92 , 126 A.2d 560, 1956 R.I. LEXIS 123 (1956).

        Owner was not liable for injuries caused by employee using vehicle for his own purposes in violation of express prohibition, even though employee had authority to use it for other purposes. Smith v. Tompkins, 52 R.I. 434 , 161 A. 221, 1932 R.I. LEXIS 86 (1932).

        Evidence.

        Exclusionary rule which bars the use of hearsay applies no less to out-of-court utterances which are offered to prove an owner’s consent than it does to those which are offered to establish an agency relationship between owner and operator of vehicle. Gilbert v. Girard, 109 R.I. 68 , 279 A.2d 919, 1971 R.I. LEXIS 1025 (1971).

        Lessees.

        Owner was not liable for negligence of lessee or lessee’s agent. Badway v. Columbia Motor Mileage Corp., 75 R.I. 39 , 63 A.2d 217, 1949 R.I. LEXIS 5 (1949).

        Under the explicit language of R.I. Gen. Laws § 31-33-6 , regarding the liability of a vehicle owner for the negligence of someone driving the vehicle with permission, it is irrelevant whether the owner (the person holding title to the vehicle) is a long-term lessor or a short-term rental agency. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

        Although R.I. Gen. Laws § 31-33-6 extended liability to an owner or lessee for the negligence of a user who drove with permission, it excepted drivers who provided proof of financial responsibility and since the son owned his own vehicle and had provided such proof, the car lessee, the mother, was not subject to vicarious liability for any negligence on the son’s part. Regan v. Nissan N. Am., 810 A.2d 255, 2002 R.I. LEXIS 223 (R.I. 2002).

        Owner.

        Legislative intent in this section was to give to the word “owner” an expanded meaning so as to include those, who though without legal title, do have lawful possession and control thereof, as for example the vendee under a conditional sale. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

        The word “owner” as used in this statute is to be given a broad comprehensive meaning consistent with its purpose and includes those who by reason of being lawfully in possession of a motor vehicle may give a valid consent to another to use or operate the car. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

        While an automobile salesman who lawfully came into possession of an automobile would be the owner, under the provisions of this section he would not be the owner if he was an agent acting for the dealer and if such action was within the scope of his authority. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

        Where a defendant used his employer’s “in transit” plate on his personal car contrary to statutory prohibitions, the defendant’s employer was not an owner or possessor of the defendant’s car within the meaning of this section. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

        Vehicle lessors, as legal titleholders and registered owners of the vehicles, are “owners” of the vehicles under R.I. Gen. Laws § 31-33-6 , and therefore subject to its vicarious liability provisions. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

        Short-term car rental agencies, long-term leasing companies, and motor-vehicle financing corporations are subject to tort liability under R.I. Gen. Laws §§ 31-33-6 and 31-34-4 as the owners of motor vehicles under these vicarious liability statutes. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

        Language of R.I. Gen. Laws § 31-33-6 is clear: an owner, having consented to the use of its vehicle by another driver, is liable for the negligence of that driver unless the driver shall have furnished proof of financial responsibility in the amount set forth in R.I. Gen. Laws tit. 31, chapter 32, prior to an accident. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

        For consenting owners of vehicles leased long-term to protect themselves from liability under R.I. Gen. Laws § 31-33-6 for the negligence of someone driving the vehicle with permission, the authorized drivers of the leased vehicles must have provided proof of financial responsibility before the accident occurred. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

        Evidence was insufficient to survive an insurer’s motion for judgment as a matter of law in a victim’s action alleging liability under the statute because the victim’s injuries resulted from a physical altercation with the driver of the insured vehicle at a distance from the vehicle and unrelated to the operation of the vehicle; the mere fact that the driver drove to and from the scene of the incident in the insured vehicle did not establish the causal connection required to impute liability. Hough v. McKiernan, 108 A.3d 1030, 2015 R.I. LEXIS 11 (R.I. 2015).

        Statute imposes vicarious liability upon the owner of a motor vehicle for the acts, intentional as well as unintentional, of anyone using or operating the vehicle with the consent of the owner; a plaintiff carries the burden, however, of establishing a causal relationship between the use of the vehicle and the injuries sustained by the plaintiff. Hough v. McKiernan, 108 A.3d 1030, 2015 R.I. LEXIS 11 (R.I. 2015).

        Statutory language does not impute liability upon the owner of a motor vehicle for all acts of a permissive driver, particularly those that are not related to the operation of the vehicle; rather, there must be a causal relationship between the operation or use of the vehicle and the injuries sustained by the plaintiff. Hough v. McKiernan, 108 A.3d 1030, 2015 R.I. LEXIS 11 (R.I. 2015).

        Principal-Agent.

        Where defendant-husband’s liability was not as a tortfeasor but principal for a tortfeasor agent, defendant-husband was an indispensable party having an interest in the controversy of such a nature that any final decree would affect that interest, and by joinder of owner and driver, diversity of citizenship was destroyed which required dismissing action in federal court and maintaining in state court. Codagnone v. Perrin, 351 F. Supp. 1126, 1972 U.S. Dist. LEXIS 11019 (D.R.I. 1972).

        This statute was not intended to provide a defense based on statutory agency to the operator of a car being sued by the owner/passenger for injuries resulting from a collision which occurred while the operator had the owner’s consent. It is, rather, applicable only in actions where recovery is sought by a third party and was never intended to be a defense in an action brought by a principal against the agent. Mitchell v. Repucci, 514 A.2d 1028, 1986 R.I. LEXIS 538 (R.I. 1986).

        Public Highway.

        This section did not apply to an accident on a private drive even though freely used by the public on invitation of the owner. Pettine v. Tuplin, 71 R.I. 374 , 46 A.2d 42, 1946 R.I. LEXIS 7 (1946).

        Where cause of action arose out of accident on premises of a service station, this section could not be used to establish operator as agent of owner since the accident did not happen on a public highway. Pescosolido v. Crugnale, 93 R.I. 82 , 171 A.2d 443, 1961 R.I. LEXIS 83 (1961).

        Where a report of a police investigation of an accident referred to the speed limit on a street and contained references to the condition of the street, a reasonable inference could be drawn that the street was a public highway. Budwee v. New England Motors, 99 R.I. 663 , 210 A.2d 131, 1965 R.I. LEXIS 499 (1965).

        Relationship to Federal Law.

        To the extent that this section “impos[es] liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet [Rhode Island’s] financial responsibility or liability insurance requirements”, it is not preempted by the federal Graves Amendment, 49 U.S.C. § 30106, because it falls within the § 30106(b)(2) savings clause of the Graves Amendment. Puerini v. LaPierre, 208 A.3d 1157, 2019 R.I. LEXIS 81 (R.I. 2019).

        Release.

        Since it was absolutely clear that a valid and enforceable contract was formed at the time the parties to the releases exchanged promises, even though the injured persons tried to return the $100,000 settlement payment from the driver’s insurer, the lessor of the car which was involved in the accident was no longer exposed to liability. Davis v. Ford Motor Credit Co., 882 A.2d 557, 2005 R.I. LEXIS 159 (R.I. 2005).

        Scope of Agency.

        Passenger by invitation of the operator was not an invitee, as against the owner, where the operator had no authority to invite passengers. Rogers v. Hebe Co., 52 R.I. 274 , 160 A. 470, 1932 R.I. LEXIS 43 (1932).

        Person operating with the consent of the owner was the agent of the owner so as to bind the owner by consent to the operation of the vehicle by a third person. F. D. McKendall Lumber Co. v. Ramieri, 85 R.I. 92 , 126 A.2d 560, 1956 R.I. LEXIS 123 (1956).

        Where defendant’s liability arose solely by reason of the statutory agency contemplated in this section and for such a finding it would be necessary for jury to find that defendant owned car and that it consented to operation, it was error for court to deny requests for special verdicts on these points. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

        Use of Accident Reports.

        Accident reports under this section constitute a form of hearsay evidence. Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        The use of accident reports in presuspension hearings is not sanctioned by statute. Rule v. Rhode Island Dep't of Transp., 427 A.2d 1305, 1981 R.I. LEXIS 1094 (R.I. 1981).

        Vehicle.

        Where the employer had already paid workers’ compensation benefits to the administratrix, a trailer was not a “motor vehicle” under Rhode Island’s vicarious liability statute, R.I. Gen. Laws § 31-33-6 , and summary judgment was properly entered against the administratrix in an action against an employer that owned the trailer that struck and killed the decedent and an employee. LePage v. Babcock, 839 A.2d 1226, 2004 R.I. LEXIS 12 (R.I. 2004).

        In the context of R.I. Gen. Laws § 31-1-3 , as amended by 1997 R.I. Pub. Laws 186, § 1, a trailer is a “vehicle” but not a “motor vehicle.” LePage v. Babcock, 839 A.2d 1226, 2004 R.I. LEXIS 12 (R.I. 2004).

Collateral References.

Agency of driver for owner, overcoming inference or presumption of. 5 A.L.R.2d 196.

Apparent authority of servant to carry passenger or guest. 2 A.L.R.2d 406.

Construction, application and effect of legislation imputing negligence to one who permits unauthorized or unlicensed person to operate motor vehicle. 69 A.L.R.2d 978.

Employer’s liability for employee’s negligence in operating employer’s car in going to or from work or meals. 52 A.L.R.2d 350.

Employer’s liability for negligence of employee in driving his or her own automobile. 27 A.L.R.5th 174.

Employer’s liability for negligence of employee in driving own car. 52 A.L.R.2d 287.

House to house salesman or canvasser as independent contractor or employee for purpose of application of respondeat superior doctrine in automobile accident case. 98 A.L.R.2d 335.

Insurance company’s liability for negligent operation of automobile by insurance agent or broker. 36 A.L.R.2d 261.

Liability for personal injury or property damage, for negligence in teaching or supervision of learning driver. 5 A.L.R.3d 271.

Liability of employer for negligent operation of motor vehicle by automobile salesman. 53 A.L.R.2d 631.

Liability under respondeat superior doctrine for acts of operator furnished with leased motor vehicle. 17 A.L.R.2d 1388.

Modern statutes of family purpose doctrine with respect to motor vehicles. 8 A.L.R.3d 1191.

Operation of employer’s vehicle outside regular working hours. 51 A.L.R.2d 120.

Right of motor vehicle owner liable to injured third person because of negligence of one permitted to drive, to indemnity from the latter or the latter’s employer to whom vehicle was bailed. 43 A.L.R.2d 879.

Route driver or salesman as independent contractor or employee of merchandise producer or processor, for purposes of respondeat superior doctrine. 53 A.L.R.2d 183.

Use of employer’s car during working hours. 51 A.L.R.2d 8.

What constitutes “operation” or “negligence in operation” within statute making owners of motor vehicle liable for negligence in its operation. 13 A.L.R.2d 378.

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>>>>>>> origin/main 31-33-7. Prima facie evidence of consent of owner.

In all civil proceedings, evidence that at the time of the accident or collision the motor vehicle was registered in the name of the defendant, shall be prima facie evidence that it was being operated with the consent of the defendant, and the absence of consent shall be an affirmative defense to be set up in the answer and proved by the defendant.

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History of Section. P.L. 1952, ch. 3002, § 38; G.L. 1956, § 31-31-4 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-7 ; P.L. 1982, ch. 350, § 1.

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History of Section.

P.L. 1952, ch. 3002, § 38; G.L. 1956, § 31-31-4 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-7 ; P.L. 1982, ch. 350, § 1.

>>>>>>> origin/main

NOTES TO DECISIONS

Evidence.

Evidence of registration of the vehicle in defendant’s name is enough to take the question of consent to the jury even when rebutted. Hill v. Cabral, 62 R.I. 11 , 2 A.2d 482, 1938 R.I. LEXIS 2 (1938); Gemma v. Rotondo, 62 R.I. 293 , 5 A.2d 297, 1939 R.I. LEXIS 30 (1939); Kent v. Draper Soap Co., 75 R.I. 30 , 63 A.2d 571, 1949 R.I. LEXIS 7 (1949).

Independent Contractors.

Under former statute evidence that operator was an independent contractor overcame prima facie value of registration so as to make owner not liable for injuries through negligence of operator. Conant v. Giddings, 65 R.I. 79 , 13 A.2d 517, 1940 R.I. LEXIS 83 (1940).

Invited Passengers.

Evidence of registration of vehicle was prima facie evidence under former statute that operator had power to bind owner by invitation to passenger. Gemma v. Rotondo, 62 R.I. 293 , 5 A.2d 297, 1939 R.I. LEXIS 30 (1939).

Registration.

When a dealer in motor vehicles attaches his dealer’s plates, so-called, to an automobile owned by him with the intention of operating it on the highways, he thereby registers that automobile in his name and such is a registration within the purview of this section. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

A defendant’s affidavit that another was the registered owner of the automobile, when uncontroverted by opposing affidavits, entitled him to summary judgment as to implied consent under this section. Battista v. Muscatelli, 106 R.I. 514 , 261 A.2d 636, 1970 R.I. LEXIS 953 (1970).

— Dealers.

This section did not apply where the registered owner was a dealer and the driver a prospective purchaser testing the automobile to determine whether or not he wished to purchase it. Redding v. Picard Motor Sales, Inc., 403 F.2d 788, 1968 U.S. App. LEXIS 4813 (1st Cir. 1968).

— Foreign Registration.

This section has to do with Rhode Island internal matters, and does not apply to a vehicle which is not registered in Rhode Island and has Connecticut dealer’s plates. Ostrosky v. Sczapa, 868 F.2d 1, 1989 U.S. App. LEXIS 1378 (1st Cir. 1989).

— In Transit Plates.

Where the defendant used his employer’s “in transit” plate on his personal car contrary to statutory prohibition, the defendant’s car was not on the road with the employer’s consent, pursuant to this section. Pray v. Narragansett Improvement Co., 434 A.2d 923, 1981 R.I. LEXIS 1262 (R.I. 1981).

Summary Judgment.

Although there was no evidence of consent to use of automobile, the jury could nevertheless find that consent existed under the provisions of this statute. Avedesian v. Butler Auto Sales, 93 R.I. 4 , 170 A.2d 604, 1961 R.I. LEXIS 71 (1961).

Defendant has burden of proving that consent to use car was lacking, therefore where an employee of the defendant obtained dealer’s plates from another employee charged with the responsibility of issuing them, attached them to a car, and drove the car to get it filled with gasoline, the jury could find that defendant was the owner of the car, notwithstanding other testimony that the employee had previously been dismissed for the day for intoxication. Budwee v. New England Motors, 99 R.I. 663 , 210 A.2d 131, 1965 R.I. LEXIS 499 (1965).

Exclusionary rule which bars the use of hearsay applies no less to out-of-court utterances which are offered to prove an owner’s consent than it does to those which are offered to establish an agency relationship between owner and operator of vehicle. Gilbert v. Girard, 109 R.I. 68 , 279 A.2d 919, 1971 R.I. LEXIS 1025 (1971).

In absence of objections to hearsay evidence, relevant and material, to the question whether driver of automobile involved in collision had obtained owner’s consent to operate it, such hearsay evidence being competent though uncorroborated or contradicted by positive legal testimony, could be accepted by jury. Gilbert v. Girard, 109 R.I. 68 , 279 A.2d 919, 1971 R.I. LEXIS 1025 (1971).

Where a lessee of a private motor vehicle had submitted an affidavit that her son had lacked permission to drive the vehicle in support of her summary judgment motion in another driver’s negligence action, and the lease did not limit who could drive, the lessee and the lessor had failed to meet their burden on summary judgment sufficient to find that there were no genuine issues of material fact for trial as to the lessee’s son’s permission to operate the leased vehicle. Andreoni v. Ainsworth, 898 A.2d 1240, 2006 R.I. LEXIS 99 (R.I. 2006).

In vehicle owner 1’s action for damages stemming from a collision, R.I. Gen. Laws §§ 31-33-6 and 31-33-7 , a trial court erred in granting summary judgment to vehicle owner 2 because she was the vehicle’s registered owner at the time of the collision, which served as prima facie evidence under § 31-33-7 that she gave consent to the unidentified driver to use her vehicle and owner 2’s submission of an affidavit and a police report created conflicting evidence on the issue of consent, which was a question for a jury to resolve. Pichardo v. Stevens, 55 A.3d 762, 2012 R.I. LEXIS 139 (R.I. 2012).

Summary judgment in a personal injury action on the basis of a car rental company’s lack of consent to the operator of rented motor vehicle, who allegedly struck the accident victim with car which the company loaned to another person, was not appropriate in the case because the determination of this issue required factfinding. Marble v. Faelle, 89 A.3d 830, 2014 R.I. LEXIS 61 (R.I. 2014).

Use of Section.

Rhode Island limits the use of this section to plaintiffs who plead it. Ostrosky v. Sczapa, 868 F.2d 1, 1989 U.S. App. LEXIS 1378 (1st Cir. 1989).

Collateral References.

Presumption and prima facie case as to ownership of vehicle causing highway accident. 27 A.L.R.2d 167.

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>>>>>>> origin/main 31-33-8. Assigned risk plans.

  1. After consultation with the insurance companies authorized to issue automobile liability and/or physical damage policies in this state, the insurance commissioner shall approve a reasonable plan or plans, fair to the insurers and equitable to their policyholders, for the apportionment among the companies of applicants for motor vehicle liability and/or physical damage insurance who are in good faith entitled to but are unable to procure insurance through ordinary methods.
  2. The plan or plans shall provide coverage for liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle or vehicles within the United States or the Dominion of Canada, up to a limit of two hundred fifty thousand dollars ($250,000) because of bodily injury to or death of one person in any one accident and, up to a limit of five hundred thousand dollars ($500,000) because of bodily injury to or death of two (2) or more persons in any one accident.
  3. When any plan or plans have been approved, all the insurance companies shall subscribe to it or them and participate with respect to those types of insurance which they write in the state. Licensed non-resident insurance producers shall be allowed to submit applications to the plan or plans, provided that the state in which they hold a resident brokers license allows Rhode Island resident producers access to their respective plan or plans, or similar residual market mechanism.
  4. Any applicant for insurance, any person insured under the plan, and any insurance company affected, may appeal to the insurance commissioner from any ruling or decision of a manager or committee designated to operate the plan or plans. Any order or act of the insurance commissioner under the provisions of this section shall be subject to review on petition filed by an aggrieved party in the superior court for the counties of Providence and Bristol within ten (10) days after notice of it is given. The court shall determine whether the filing of the petition shall operate as a stay of any order or act of the insurance commissioner, and the court shall summarily hear the matter. The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the insurance commissioner in whole or in part.
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History of Section. P.L. 1952, ch. 3002, § 35; G.L. 1956, § 31-31-9 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-8 ; P.L. 1982, ch. 378, § 1; P.L. 1989, ch. 207, § 1; P.L. 1989, ch. 337, § 1; P.L. 1992, ch. 265, § 1; P.L. 2011, ch. 158, § 1; P.L. 2011, ch. 274, § 1.

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History of Section.

P.L. 1952, ch. 3002, § 35; G.L. 1956, § 31-31-9 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-8 ; P.L. 1982, ch. 378, § 1; P.L. 1989, ch. 207, § 1; P.L. 1989, ch. 337, § 1; P.L. 1992, ch. 265, § 1; P.L. 2011, ch. 158, § 1; P.L. 2011, ch. 274, § 1.

>>>>>>> origin/main

Compiler’s Notes.

P.L. 2011, ch. 158, § 1, and P.L. 2011, ch. 274, § 1 enacted identical amendments to this section.

Cross References.

Casualty insurance as to automobiles, § 27-8-1 .

Casualty insurance rating, § 27-9-1 et seq.

Liability insurance, § 27-7-1 et seq.

Collateral References.

Rescission or avoidance, for fraud or misrepresentation, of compulsory, financial responsibility, or assigned risk automobile insurance. 83 A.L.R.2d 1104.

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>>>>>>> origin/main 31-33-8.1. Joint distribution of accident reports.

Notwithstanding any other law to the contrary, nothing shall prevent insurers providing automobile insurance coverage in the state from establishing and maintaining a common system for obtaining publicly filed accident reports and distributing the reports to the insurer or insurers identified on the form as providing coverage to one or more persons, whether through the assigned risk plan or otherwise.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 185, § 1.

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>>>>>>> origin/main 31-33-9. Self-insurers.

  1. Any person in whose name more than twenty-five (25) vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department of business regulation as provided in subsection (b) of this section.
  2. The department of business regulation may, in its discretion, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that the person is possessed, and will continue to be possessed of, the ability to pay judgment obtained against the person. The certificate may be issued authorizing a person to act as a self-insurer for either property damage or bodily injury, or both.
  3. Upon not less than five (5) days’ notice and a hearing pursuant to notice, the department of business regulation may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
  4. Entities applying to, or previously authorized to, permissibly self-insure are subject to the jurisdiction of the department of business regulation. The department of business regulation is authorized to promulgate and enforce rules and regulations that may be necessary to carry out the provisions of this section including, but not limited to:
    1. Obtaining and reviewing financial statements and related information necessary to ascertain the applicant’s ability to self-insure.
    2. Apportioning the cost of review to the applicant in a manner similar to that utilized to charge insurance companies for review and analysis of their financial statements.
    3. Imposing and enforcing upon entities authorized to permissibly self-insure any and all claims handling and settlement practices required of insurers in the settlement of claims.
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History of Section. P.L. 1952, ch. 3002, § 34; G.L. 1956, § 31-31-8 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-9 ; P.L. 2014, ch. 29, § 1; P.L. 2014, ch. 36, § 1.

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History of Section.

P.L. 1952, ch. 3002, § 34; G.L. 1956, § 31-31-8 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-9 ; P.L. 2014, ch. 29, § 1; P.L. 2014, ch. 36, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 29, § 1, and P.L. 2014, ch. 36, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Insurance “policy”.

A certificate of self-insurance is not a “policy” under § 27-7-2.1 , requiring the mandatory provision of uninsured-motorist protection. Ellis v. Rhode Island Pub. Transit Auth., 586 A.2d 1055, 1991 R.I. LEXIS 22 (R.I. 1991).

Owners of Rental Vehicles.

Owners of rental vehicles who possess certificates of self-insurance issued pursuant to this section are still required to prove financial responsibility under § 31-34-1 in order to register their vehicles under chapter 34 of title 31. A certificate of self-insurance issued under this section cannot be used to satisfy requirements of § 31-34-1 as the general assembly intended all owners of rental vehicles to adhere specifically to the requirements of chapter 34 of title 31 and the possession of a self-insurance certificate issued pursuant to a separate statutory provision does not meet the requirements of §§ 31-34-1 and 31-34-2 . Miles-Un-Ltd. v. Fanning, 624 A.2d 843, 1993 R.I. LEXIS 135 (R.I. 1993).

Collateral References.

Applicability of Uninsured or Underinsured Motorist Statutes to Self-Insurers. 32 A.L.R.7th Art. 3 (2018).

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>>>>>>> origin/main 31-33-10. Statement as to liability insurance not included in sale of vehicle.

  1. Whenever any motor vehicle dealer licensed under chapter 5 of this title sells a motor vehicle at retail other than a cash sale, and the transaction for financing the purchase does not include the sale of liability insurance coverage which will protect the purchaser under the provisions of chapters 31 and 32 of this title, the purchase order or invoice or memorandum of conditional sales contract evidencing the transaction shall contain a statement in the following form: <<<<<<< HEAD =======

    “It is understood that insurance coverage which would protect the purchaser under the Rhode Island Motor Vehicle Safety Responsibility Act is not included in the purchase of the motor vehicle described here. The purchaser has received a copy of this statement. (purchaser's signature) (seller's signature)”

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  2. The seller shall print or stamp the statement on the purchase order or invoice in distinctive colored ink and with clearly visible letters. The statement shall be signed by the purchaser and the seller in the space provided in it on or before the date of delivery of the motor vehicle described in the purchase order or invoice or memorandum of conditional sales contract, and a copy of the form shall be given to the purchaser by the seller.
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“It is understood that insurance coverage which would protect the purchaser under the Rhode Island Motor Vehicle Safety Responsibility Act is not included in the purchase of the motor vehicle described here. The purchaser has received a copy of this statement. (purchaser's signature) (seller's signature)”

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History of Section. P.L. 1952, ch. 3002, § 47; P.L. 1955, ch. 3531, § 1; G.L. 1956, § 31-33-10 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-31-10 .

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History of Section.

P.L. 1952, ch. 3002, § 47; P.L. 1955, ch. 3531, § 1; G.L. 1956, § 31-33-10 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-31-10 .

>>>>>>> origin/main 31-33-11. Proof of responsibility for registration of vehicles owned by minors.

The division of motor vehicles shall not register any motor vehicle owned by any person under sixteen (16) years of age. The division of motor vehicles shall not register any motor vehicle owned by any person between sixteen (16) and eighteen (18) years of age unless the person shall furnish proof of financial responsibility for the future together with any certificate that the division of motor vehicles may require, signed by either parent, or the guardian of the person, approved or requesting the registration of the vehicle.

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History of Section. P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-11 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-11 .

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History of Section.

P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-11 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-11 .

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Collateral References.

Age of minor operator of automobile as affecting his primary negligence. 97 A.L.R.2d 872.

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>>>>>>> origin/main 31-33-12. Proof of responsibility for registration of vehicles for hire.

The division of motor vehicles shall not register any motor vehicle for hire as defined in chapter 1 of this title until the owner of it shall furnish proof of financial responsibility.

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History of Section. P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-12 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-12 .

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History of Section.

P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-12 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-12 .

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Cross References.

Freight carriers, § 39-12-27 .

Rental vehicles, § 31-34-1 et seq.

Taxicabs and limited public motor vehicles, § 39-14-18 .

Collateral References.

Corporation domiciled in state but having branch trucking bases in other states, applicability of motor vehicle registration laws to. 16 A.L.R.2d 1414.

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>>>>>>> origin/main 31-33-13. Proof of responsibility to obtain dealers’ plates.

The division of motor vehicles shall not issue a registration under the provisions of §§ 31-3-20 — 31-3-27 until the person applying for the registration shall furnish proof of financial responsibility.

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History of Section. P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-13 ; P.L. 1959, ch. 123, § 4; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-13 .

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History of Section.

P.L. 1952, ch. 3002, § 36; P.L. 1955, ch. 3501, § 1; G.L. 1956, § 31-31-13 ; P.L. 1959, ch. 123, § 4; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-13 .

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Collateral References.

Vehicles and operations covered by automobile dealer’s collision insurance policy. 23 A.L.R.2d 796.

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>>>>>>> origin/main 31-33-14. Return of registration plates on disposing of vehicle.

Any person who shall sell, lose possession of, or have destroyed by collision or fire, or who shall junk or otherwise dispose of any motor vehicle owned by or registered to that person, shall, in addition to returning the certificate of registration to the division of motor vehicles as required by chapter 4 of this title, immediately return to the custody of the division of motor vehicles, the number plates or markers issued under the registration certificates. If the number plates or markers are lost or destroyed, the owner of the motor vehicle to whom the number plates or markers were issued, shall file with the division of motor vehicles upon a form furnished by the division of motor vehicles, a statement under oath, satisfactory to the division of motor vehicles as to the circumstances surrounding the loss or destruction of the number plates or markers.

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History of Section. P.L. 1952, ch. 3002, § 37; G.L. 1956, § 31-31-14 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-14 .

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History of Section.

P.L. 1952, ch. 3002, § 37; G.L. 1956, § 31-31-14 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-14 .

>>>>>>> origin/main 31-33-15. Suspension of fraudulent registration of vehicle owned by minor.

The division of motor vehicles shall immediately suspend the registration of any motor vehicle if it appears to the division of motor vehicles that the motor vehicle is owned by a person under eighteen (18) years of age and that the person has secured the registration by a false statement of his or her age or that the motor vehicle has been registered in the name of a person not the true owner of it.

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History of Section. P.L. 1952, ch. 3002, § 37; G.L. 1956, § 31-31-15 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-15 .

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History of Section.

P.L. 1952, ch. 3002, § 37; G.L. 1956, § 31-31-15 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-15 .

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Collateral References.

Lack of proper automobile registration as evidence of operator’s negligence. 29 A.L.R.2d 963.

Rescission or avoidance, for fraud or misrepresentation, of compulsory, financial responsibility, or assigned risk automobile insurance. 83 A.L.R.2d 1104.

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>>>>>>> origin/main 31-33-16. Examination of vehicles and licenses on highways.

The division of motor vehicles may cause an examination to be made of all motor vehicles which at the time of the examination shall be found upon the public highways, and of the licenses of the operators in charge of the motor vehicles, and may verify numbers upon the engines of the motor vehicles as well as the numbers of the manufacturers thereon, and do and perform any other acts and demand and receive any other information that it may deem necessary to establish the ownership of the motor vehicles and the authority to operate the motor vehicles. For these purposes the division of motor vehicles may request the assistance of the division of state police or police authorities of any city or town.

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History of Section. P.L. 1952, ch. 3002, § 39; G.L. 1956, § 31-31-16 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-16 .

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History of Section.

P.L. 1952, ch. 3002, § 39; G.L. 1956, § 31-31-16 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-16 .

>>>>>>> origin/main 31-33-17. Other process preserved.

Nothing in chapters 31 — 33 of this title shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.

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History of Section. P.L. 1952, ch. 3002, § 42; G.L. 1956, § 31-31-20 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-17 .

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History of Section.

P.L. 1952, ch. 3002, § 42; G.L. 1956, § 31-31-20 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-17 .

>>>>>>> origin/main 31-33-18. Short title.

Chapters 31 — 33 of this title may be cited as the “Motor Vehicle Safety Responsibility Act.”

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History of Section. P.L. 1952, ch. 3002, § 45; G.L. 1956, § 31-31-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-18 .

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History of Section.

P.L. 1952, ch. 3002, § 45; G.L. 1956, § 31-31-1 ; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-18 .

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Collateral References.

Policy provision extending coverage to comply with financial responsibility act as applicable to insured’s first accident. 8 A.L.R.3d 388.

Validity of act. 35 A.L.R.3d 1011.

Chapter 34 Responsibility of Owners of Rental Vehicles

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>>>>>>> origin/main 31-34-1. Proof of financial responsibility required.

  1. It shall be unlawful for the owner of any motor vehicle or truck engaged in the business of renting motor vehicles or trucks without drivers to rent a motor vehicle without a driver otherwise than as a part of a bona fide transaction involving the sale of the motor vehicle or truck, unless the owner has previously notified the division of motor vehicles of the intention to so rent the vehicle and has given proof of financial responsibility, in the following amounts:
    1. Ten thousand dollars ($10,000) for property damage;
    2. Twenty-five thousand dollars ($25,000) for injury or death sustained by one person;
    3. Fifty thousand dollars ($50,000) for all personal injuries or deaths resulting from one accident.
  2. The division of motor vehicles shall not register the vehicle unless and until the owner gives proof of financial responsibility as provided in this chapter. The division of motor vehicles shall cancel the registration of any motor vehicle or truck rented without a driver whenever the division of motor vehicles ascertains that the owner has failed or is unable to give and maintain proof of financial responsibility.
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History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-1 ; P.L. 1965, ch. 214, § 1; P.L. 1982, ch. 28, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-1 ; P.L. 1965, ch. 214, § 1; P.L. 1982, ch. 28, § 1.

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NOTES TO DECISIONS

Intoxication Exclusions.

Because the strong public policy of this state, as expressed in the enactment of this chapter, is in favor of insurance coverage by vehicle rental companies, intoxication exclusion provisions in vehicle rental agreements attempting to restrict or limit insurance coverage for rental vehicles are void as against public policy. Ryan v. Knoller, 695 A.2d 990, 1997 R.I. LEXIS 212 (R.I. 1997).

Out-Of-State Rental Vehicle Agency.

There is an apparent conflict between the Responsibility of Owners of Rental Vehicles Act (chapter 34 of title 31) and the Motor Vehicle Reparations Act (chapter 47 of title 31), as the former does not require an out-of-state rental vehicle agency to give proof of financial responsibility for vehicles not registered in this state, whereas the latter statute does appear to require such a showing. The former statute, being the more specific, prevails, pursuant to § 43-3-26 (conflicting general and special provisions). Lopes v. Phillips, 680 A.2d 65, 1996 R.I. LEXIS 195 (R.I. 1996).

Self-Insurance Certificates.

Owners of rental vehicles who possess certificates of self-insurance issued pursuant to § 31-33-9 are still required to prove financial responsibility under this section in order to register their vehicles under this chapter. A certificate of self-insurance issued under § 31-33-9 cannot be used to satisfy the requirements of this section as the general assembly intended all owners of rental vehicles to adhere specifically to the requirements of this chapter and the possession of a self-insurance certificate issued pursuant to a separate statutory provision does not meet the requirements of this section and § 31-34-2 . Miles-Un-Ltd. v. Fanning, 624 A.2d 843, 1993 R.I. LEXIS 135 (R.I. 1993).

Collateral References.

Warranties in connection with leasing or hiring of chattels. 68 A.L.R.2d 850.

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>>>>>>> origin/main 31-34-2. Maintenance of policies.

The owner shall maintain the policy or policies or provide proof of financial responsibility or self-insurance during all times that the owner is engaged in the business of renting any motor vehicle without a driver.

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History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-2 ; P.L. 1998, ch. 339, § 1.

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-2 ; P.L. 1998, ch. 339, § 1.

>>>>>>> origin/main 31-34-2.1. Self-insurers.

  1. Any person or company in whose name more than four hundred (400) vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department of business regulation as provided in subsection (b).
  2. Upon the application of the person or company, the department of business regulation may issue a certificate of self-insurance at its discretion if it is satisfied that the person or company has and will have the ability to pay any judgment obtained against the person or company. The certificate may be issued authorizing a person or company to act as a self-insurer for either property damage or bodily injury, or both.
  3. Upon not less than five (5) days’ notice and a hearing pursuant to notice, the department of business regulation upon reasonable grounds may cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after the judgment has become final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.
  4. Entities applying to or previously authorized to permissibly self-insure are subject to the jurisdiction of the department of business regulation. The department of business regulation is authorized to promulgate and enforce rules and regulations that may be necessary to carry out the provisions of this section including, but not limited to:
    1. Obtaining and reviewing financial statements and related information necessary to ascertain the applicant’s ability to self-insure.
    2. Apportioning the cost of review to the applicant in a manner similar to that utilized to charge insurance companies for review and analysis of their financial statements.
    3. Imposing and enforcing upon entities authorized to permissibly self-insure any and all claims handling and settlement practices required of insurers in the settlement of claims.
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>>>>>>> origin/main History of Section. P.L. 1998, ch. 339, § 2; P.L. 2014, ch. 29, § 2; P.L. 2014, ch. 36, § 2.

Compiler’s Notes.

P.L. 2014, ch. 29, § 2, and P.L. 2014, ch. 36, § 2 enacted identical amendments to this section.

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>>>>>>> origin/main 31-34-3. Operation by person other than lessee.

Whenever the owner of a motor vehicle rents a vehicle without a driver to another it shall be unlawful for the lessee to permit any other person to operate the vehicle without the permission of the owner.

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History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-3 .

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-3 .

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Cross References.

Persons to whom vehicles rented, § 31-11-22 et seq.

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>>>>>>> origin/main 31-34-4. Liability of owner for negligence of operator.

  1. Any owner of a for-hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in violation of this chapter has failed to give proof of financial responsibility, shall be jointly and severally liable with any person operating the vehicle for any damages caused by the negligence of any person operating the vehicle by or with the permission of the owner. Nothing in this section shall be construed to prevent an owner who has furnished proof of financial responsibility or any person operating the vehicle from making defense in an action upon the ground of contributory negligence to the extent to which the defense is allowed in other cases.
  2. Notwithstanding the provisions of subsection (a) of this section, or any provisions contained under this title to the contrary, the valid and collectible liability insurance or self-insurance providing coverage or liability protection for third-party liability claims arising out of the operation of the rental vehicle shall be primary for the lessor or any person operating the motor vehicle, with the express permission of the lessor unless otherwise stated in at least ten-point (10) type on the face of the rental agreement. That insurance or self-insurance is primary only up to the limits required under § 31-47-2(13)(i)(A) .
  3. “Lessor” includes any entity in the business of renting motor vehicles pursuant to a written rental agreement.
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History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-4 ; P.L. 1965, ch. 214, § 1; P.L. 1997, ch. 353, § 1; P.L. 2003, ch. 115, § 2; P.L. 2003, ch. 117, § 2; P.L. 2004, ch. 219, § 6; P.L. 2004, ch. 224, § 6; P.L. 2005, ch. 137, § 6; P.L. 2021, ch. 398, § 6, effective July 14, 2021; P.L. 2021, ch. 399, § 6, effective July 14, 2021.

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-4 ; P.L. 1965, ch. 214, § 1; P.L. 1997, ch. 353, § 1; P.L. 2003, ch. 115, § 2; P.L. 2003, ch. 117, § 2; P.L. 2004, ch. 219, § 6; P.L. 2004, ch. 224, § 6; P.L. 2005, ch. 137, § 6; P.L. 2021, ch. 398, § 6, effective July 14, 2021; P.L. 2021, ch. 399, § 6, effective July 14, 2021.

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Compiler's Notes.

P.L. 2021, ch. 398, § 6, and P.L. 2021, ch. 399, § 6 enacted identical amendments to this section.

Cross References.

Liability of owners generally, § 31-33-6 .

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

Rachel E. Dunham, 2019 Survey: Puerini v. LaPierre, 25 Roger Williams U. L. Rev. 554 (2020).

NOTES TO DECISIONS

Applicability.

The pertinent statutory provisions clearly establish that the duty to file proof of financial responsibility is limited to owners of vehicles that are registered in Rhode Island or that are required to be registered in Rhode Island. Fratus v. Amerco, 575 A.2d 989, 1990 R.I. LEXIS 116 (R.I. 1990).

This section does not purport to create an independent substantive basis for the owner-lessor’s liability, such as a theory of negligent entrustment. Instead the statute imposes a form of vicarious liability on the owner-lessor based on the operator’s wrongful conduct. DiQuinzio v. Panciera Lease Co., 612 A.2d 40, 1992 R.I. LEXIS 174 (R.I. 1992).

Lessor-liability statute, R.I. Gen. Laws § 31-34-4 , clearly and unambiguously provides that any owner of a for hire motor vehicle shall be jointly and severally liable for a consensual operator’s negligence. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Because the Division of Motor Vehicles, which is responsible for enforcing R.I. Gen. Laws tit. 31, requires long-term lessors of motor vehicles to provide proof of their financial responsibility before leasing motor vehicles in Rhode Island, and because great weight is attributed to this agency’s construction of R.I. Gen. Laws § 31-34-4 , the regulations support the conclusion that long-term lessors are subject to this lessor-liability statute as an additional surety for the satisfaction of a negligence claim. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Short-term car rental agencies, long-term leasing companies, and motor-vehicle financing corporations are subject to tort liability under R.I. Gen. Laws §§ 31-33-6 and 31-34-4 as the owners of motor vehicles under these vicarious liability statutes. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Long-term motor-vehicle lease falls within the broad definition of a motor vehicle “for hire,” and owners of motor vehicles for hire are subject to the vicarious liability provision of R.I. Gen. Laws § 31-34-4 , irrespective of whether they engaged in the business of renting vehicles. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Where a tortfeasor rented a car in Rhode Island, the Rhode Island statute, R.I. Gen. Laws § 31-34-4 , applied to a personal injury action arising out of an accident in Massachusetts to make the rental companies jointly and severally liable with the tortfeasor; therefore, the rental companies’ motion for summary judgment was denied. Newcomb v. Haywood, 15 Mass. L. Rep. 531, 2003 Mass. Super. LEXIS 4 (Mass. Super. Ct. 2003).

Even though actual accident occurred in New York, Rhode Island law, which precluded liability on the rental car company when the car was driven outside of the terms and conditions of the rental car agreement, was applicable because all of the parties involved were Rhode Island residents, the trip was initiated in Rhode Island, and the trip would have ended in Rhode Island. Oyola v. Burgos, 864 A.2d 624, 2005 R.I. LEXIS 13 (R.I. 2005).

Since it was absolutely clear that a valid and enforceable contract was formed at the time the parties to the releases exchanged promises, even though the injured persons tried to return the $100,000 settlement payment from the driver’s insurer, the lessor of the car which was involved in the accident was no longer exposed to liability. Davis v. Ford Motor Credit Co., 882 A.2d 557, 2005 R.I. LEXIS 159 (R.I. 2005).

Federal Preemption.

Superior court properly granted summary judgment in favor of a rental car owner in a negligence action filed by an injured motorcyclist and his wife because the federal Graves Amendment, 49 U.S.C. § 30106, preempted R.I. Gen. Laws § 31-34-4 , imposing liability on “any owner of a for hire motor vehicle or truck” for the negligence of the vehicle’s operators regardless of whether proof of financial responsibility had been provided—and there was no genuine issue of material fact that the owner was engaged in the general business of leasing motor vehicles and had complied with the mandatory insurance requirement to furnish proof of financial responsibility as a condition of operating as a lessor of motor vehicles. Puerini v. LaPierre, 208 A.3d 1157, 2019 R.I. LEXIS 81 (R.I. 2019).

Immunity Under Workers’ Compensation Act.

A plaintiff accepting workers’ compensation benefits may not pursue any other right to recovery based on the wrongful conduct of an entity immune from suit under § 28-29-20 . Thus, the plaintiff ’s action against an owner-lessor of a for-hire motor vehicle pursuant to this section was included within the ambit of this prohibition. DiQuinzio v. Panciera Lease Co., 612 A.2d 40, 1992 R.I. LEXIS 174 (R.I. 1992).

The immunity from suit of the driver of a motor vehicle under the Workers’ Compensation Act (§ 28-29-20 ) precludes a claim against the owner of the vehicle grounded in the negligence of the immune driver. DiQuinzio v. Panciera Lease Co., 641 A.2d 50, 1994 R.I. LEXIS 139 (R.I. 1994).

Out-Of-State Rentals.

Where a rented vehicle is leased from U-Haul Co. of Western Massachusetts and registered by U-Hall Co. of Michigan, the rental vehicle has no connection with U-Hall Co. of Rhode Island. Accordingly, the financial statements filed by U-Hall Co. of Rhode Island are insufficient to meet the requisite proof of financial responsibility for the specific rental vehicle. Fratus v. Amerco, 575 A.2d 989, 1990 R.I. LEXIS 116 (R.I. 1990).

This section, which imposes liability on owners of rental vehicles for negligence of an operator, does not apply to the bailment at issue where the U-Haul vehicle that was negligently operated is situated and leased in Massachusetts and is registered in Michigan. Fratus v. Amerco, 575 A.2d 989, 1990 R.I. LEXIS 116 (R.I. 1990).

“Owner” and “Lessor”.

Terms “owner” and “lessor” in R.I. Gen. Laws § 31-34-4 , regarding the vicarious liability of a vehicle owner, are not limited to entities in the business of renting motor vehicles; rather, they “include” such entities, and, per R.I. Gen. Laws § 31-1-17(b) (now see § 31-1-17(e) ), the term “owner” also includes any person who holds legal title to the vehicle. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Definition of “lessor” in R.I. Gen. Laws § 31-34-4 was not intended to be a limiting factor on who would qualify as an owner of a for hire motor vehicle, and the definition of lessor is expanded to also include motor-vehicle rental agencies that lease cars on a short-term basis. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Owner-lessor of a vehicle is liable under R.I. Gen. Laws § 31-34-4 for the operation of the vehicle whether the requisite permission to operate the vehicle was given by the owner-lessor after the most elaborate safety precautions were undertaken or was given to a visibly intoxicated person. Oliveira v. Lombardi, 794 A.2d 453, 2002 R.I. LEXIS 62 (R.I. 2002).

Permission Required.

In circumstances in which an owner-lessor has not given actual or constructive permission for its vehicle to be used, the operator of the vehicle is not to be considered the agent of the owner-lessor. Consequently the negligent operation of the vehicle may not be charged or imputed to the owner-lessor. DiQuinzio v. Panciera Lease Co., 612 A.2d 40, 1992 R.I. LEXIS 174 (R.I. 1992).

This section predicates the liability of the owner of a rental vehicle for the negligence of the operator upon the condition that the person driving the automobile must be driving with the permission of the owner. Diaz v. Avis Rent-A-Car Sys., 618 A.2d 1263, 1992 R.I. LEXIS 219 (R.I. 1992).

The plaintiffs had no cause of action against a defendant rental car company where they were struck by a vehicle owned by the company which was driven by a person who was not authorized to drive it. Burke v. St. Pierre, 642 A.2d 671, 1994 R.I. LEXIS 176 (R.I. 1994).

A car rental company was not responsible for a driver’s negligent operation of a vehicle since that driver was not a co-worker, employee or employer of the lessee of the vehicle, and since he took the car without the rental company’s actual or constructive permission. LaFratta v. Rhode Island Pub. Transit Auth., 751 A.2d 1281, 2000 R.I. LEXIS 121 (R.I. 2000).

Summary judgment in a personal injury action on the basis of a car rental company’s lack of consent to the operator of rented motor vehicle, who allegedly struck the accident victim with car which the company loaned to another person, was not appropriate in the case because the determination of this issue required factfinding. Marble v. Faelle, 89 A.3d 830, 2014 R.I. LEXIS 61 (R.I. 2014).

Standard of Care.

The degree of care exercised by an owner-lessor in the hiring out of its vehicle has no bearing on its liability under this section. An owner-lessor is liable under the statute whether the requisite permission was given after the most elaborate safety precautions were undertaken or was given to a visibly intoxicated person. DiQuinzio v. Panciera Lease Co., 612 A.2d 40, 1992 R.I. LEXIS 174 (R.I. 1992).

Collateral References.

Who is “owner” within statute making owner responsible for injury or death inflicted by operator of automobile. 74 A.L.R.3d 739.

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>>>>>>> origin/main 31-34-5. Failure to comply.

The division of motor vehicles shall cancel the registration of any motor vehicle rented without a driver whenever the division of motor vehicles ascertains that the owner has failed or is unable to comply with the requirements of this chapter.

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History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-5 .

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-5 .

>>>>>>> origin/main 31-34-6. Violations

Any person who violates any of the provisions of this chapter shall be subject to the fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-6 ; P.L. 2021, ch. 96, § 1, effective July 1, 2021; P.L. 2021, ch. 97, § 1, effective July 1, 2021.

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History of Section.

P.L. 1950, ch. 2595, art. 20, § 1; G.L. 1956, § 31-34-6 ; P.L. 2021, ch. 96, § 1, effective July 1, 2021; P.L. 2021, ch. 97, § 1, effective July 1, 2021.

>>>>>>> origin/main Compiler's Notes.

P.L. 2021, ch. 96, § 1, and P.L. 2021, ch. 97, § 1 enacted identical amendments to this section.

Cross References.

Penalty for misdemeanor, § 31-27-13 .

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>>>>>>> origin/main 31-34-7. Notification to customer regarding insurance coverage.

  1. Whenever any car rental agency offers a collision damage waiver on the vehicle at an additional cost, it shall notify the lessee by providing the following language, (in ten (10) point type) in all rental agreements: <<<<<<< HEAD

    “Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.

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    “Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.

    >>>>>>> origin/main “Read the collision damage waiver disclosure provision contained in this rental agreement before signing this agreement.”

  2. The following uniform collision damage waiver provision shall be contained in every rental agreement: <<<<<<< HEAD

Notice About Liability for Damage to the Rental Car The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver. Insurance or Credit Card Coverage Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage. Damage Waiver Coverage A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply: (1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver; (2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) Damage or loss caused while an authorized driver is engaging in any speed contest; (4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement; (5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement; (6) Damage or loss incurred while the vehicle is driven, with the renter's permission or accession, by anyone other than an authorized driver; (7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company; (8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and (9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.

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Notice About Liability for Damage to the Rental Car The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver. Insurance or Credit Card Coverage Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage. Damage Waiver Coverage A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply: (1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver; (2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) Damage or loss caused while an authorized driver is engaging in any speed contest; (4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement; (5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement; (6) Damage or loss incurred while the vehicle is driven, with the renter's permission or accession, by anyone other than an authorized driver; (7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company; (8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and (9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 295, § 1; P.L. 2002, ch. 250, § 1; P.L. 2004, ch. 28, § 1; P.L. 2004, ch. 100, § 1.

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>>>>>>> origin/main 31-34-8. Basis of charges.

Every automobile rental company shall compute rental charges, with the exception of rental charges for temporary replacement vehicles after an accident, based solely on a twenty-four (24) hour period, rather than on a calendar day basis.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 295, § 1; P.L. 1999, ch. 510, § 1.

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>>>>>>> origin/main 31-34-9. Vehicles with salvage title.

No rental company shall utilize any vehicle with a salvage title as a rental vehicle.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 264, § 1; P.L. 2014, ch. 305, § 1.

Compiler’s Notes.

P.L. 2014, ch. 264, § 1, and P.L. 2014, ch. 305, § 1 enacted identical versions of this section.

Chapter 34.1 Rental Vehicle Surcharge

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>>>>>>> origin/main 31-34.1-1. Definitions.

The following words and phrases used in this chapter, for the purposes of this chapter, have the following meanings:

  1. “Excise tax” means the tax imposed under chapter 34 of title 44.
  2. “Gross receipts” means the total amount of money for the value of other consideration received by a renter of motor vehicles from motor vehicles rented in the state of Rhode Island. Gross receipts includes any charges related to the rental including gas, insurance, etc. whether or not set out in separate contract.
  3. “Motor vehicle” means a private passenger motor vehicle designed to transport fifteen (15) or fewer passengers that is rented without a driver and is part of a fleet of five (5) or more passenger vehicles used for that purpose, owned or leased by the same person or entity.
  4. “Rental company” means any business entity engaged in the business of renting motor vehicles in the state of Rhode Island.
  5. “Rented in this state” means any vehicle if it is picked up by or delivered to the renter in this state.
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>>>>>>> origin/main History of Section. P.L. 1994, ch. 150, § 1; P.L. 1995, ch. 272, § 1.

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>>>>>>> origin/main 31-34.1-2. Rental vehicle surcharge.

  1. Each rental company shall collect, at the time a motor vehicle is rented in this state, on each rental contract, a surcharge equal to eight percent (8.0%) of gross receipts per vehicle on all rentals for each of the first thirty (30) consecutive days. The surcharge shall be computed prior to the assessment of any applicable sales taxes, provided, however, the surcharge shall be subject to the sales tax.
  2. The surcharge shall be included on the rental contract and collected in accordance with the terms of the rental contract. Sixty percent (60%) of the surcharge shall be retained by the rental company in accordance with this section and subsection (c), and forty percent (40%) of the surcharge shall be remitted to the state for deposit in the general fund, on a quarterly basis in accordance with a schedule adopted by the tax administration. Each rental company collecting and retaining surcharge amounts may reimburse itself in accordance with this section from the funds retained for the total amount of motor vehicle licensing fees, title fees, registration fees and transfer fees paid to the state of Rhode Island and excise taxes imposed upon the rental companies’ motor vehicles during the prior calendar year; provided, that rental companies shall not be authorized to reimburse themselves for title fees, motor vehicles licensing fees, transfer fees, registration fees and excise taxes unless those fees and taxes shall have been assessed and paid in full to the state or appropriate city or town prior to any reimbursement. No reimbursement shall be allowed upon the prepayment of any fees or excise taxes.
  3. At a date to be set by the state tax administrator, but not later than February 15th of any calendar year, each rental company shall, in addition to filing a quarterly remittance form, file a report with the state tax administrator on a form prescribed by him or her, stating the total amount of motor vehicles licensing fees, transfer fees, title fees, registration fees and excise taxes paid by the rental company in the previous year. The amount, if any, by which the surcharge collections exceed the amount of licensing fees, title fees, transfer fees, registration fees and excise taxes paid shall be remitted by the rental company to the state of Rhode Island for deposit in the Rhode Island highway maintenance fund beginning in fiscal year 2015.
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>>>>>>> origin/main History of Section. P.L. 1994, ch. 150, § 1; P.L. 1995, ch. 272, § 1; P.L. 1996, ch. 100, art. 44, § 1; P.L. 2002, ch. 65, art. 16, § 10; P.L. 2012, ch. 297, § 1; P.L. 2012, ch. 340, § 1; P.L. 2014, ch. 145, art. 21, § 3.

Compiler’s Notes.

P.L. 2012, ch. 297, § 1, and P.L. 2012, ch. 340, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-34.1-3. Regulations.

The tax administrator shall promulgate rules and regulations necessary to implement the provisions of this chapter. All administrative provisions of chapters 18 and 19 of title 44 relating to interest, penalties, assessments and hearings shall apply.

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>>>>>>> origin/main History of Section. P.L. 1994, ch. 150, § 1.

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>>>>>>> origin/main 31-34.1-4. False reports — Penalties.

Any person making a false report to the tax administrator with the intent to misrepresent the amount of title fees, motor vehicle licensing fees, transfer fees or excise fees paid or the amount of surcharges collected or who knowingly fails to collect the surcharge as required by this section shall be guilty of a misdemeanor and shall upon conviction of each offense be fined not more than one thousand dollars ($1,000) or be imprisoned for not more than one year, or by both fine and imprisonment. In addition to the above penalty, any person convicted of a violation of this section shall forfeit their right to reimbursement for expenses and shall remit the entire six percent (6%) surcharge collected to the state in a manner consistent with § 31-34.1-2 .

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>>>>>>> origin/main History of Section. P.L. 1994, ch. 150, § 1; P.L. 1996, ch. 100, art. 44, § 1.

Chapter 35 Responsibility of Parking Lots

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>>>>>>> origin/main 31-35-1. Ordinances requiring theft and damage insurance coverage.

Each city and town in this state is authorized and empowered to pass ordinances requiring every person, firm, or corporation engaged in the business of parking motor vehicles on outdoor parking lots to take out a blanket insurance, by the terms of which any motor vehicle owner, whose motor vehicle has been left in the outdoor parking lot, in the event of theft of or damage to the motor vehicle, may be recompensed from the insurance for the theft or damages.

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History of Section. P.L. 1942, ch. 1209, § 1; G.L. 1956, § 31-35-1 .

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History of Section.

P.L. 1942, ch. 1209, § 1; G.L. 1956, § 31-35-1 .

>>>>>>> origin/main

Cross References.

License for Sunday operation, § 5-23-2 .

Collateral References.

Duty and liability of vehicle drivers within parking lot. 62 A.L.R.2d 288.

Liability for loss or damage to automobile left in parking lot or garage. 7 A.L.R.3d 927; 13 A.L.R.4th 362; 13 A.L.R.4th 442; 14 A.L.R.4th 328.

Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot. 74 A.L.R.5th 49.

Off-street public parking facilities, municipal establishment or operation of. 8 A.L.R.2d 373.

Chapter 36 Motor Fuel Tax

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>>>>>>> origin/main 31-36-1. Definitions.

Terms in this chapter and chapter 37 of this title are construed as follows:

  1. “Administrator” means the tax administrator.
  2. “Distributor” includes any person, association of persons, firm, or corporation, wherever resident or located, who or that shall import, or cause to be imported into this state, for use or for sale, fuels, and also any person, association of persons, firm, or corporation who or that shall produce, refine, manufacture, or compound fuels within this state.
  3. “Filling station” includes any place, location, or station where fuels are offered for sale at retail.
  4. “Fuels” includes gasoline, benzol, naphtha, and other volatile and inflammable liquids (other than lubricating oils, diesel fuel for the propulsion of marine craft, fuels used for the propulsion of airplanes, oils used for heating purposes, manufactured biodiesel fuel as defined in subdivision (6)), used, or suitable for use, for operating or propelling motor vehicles with internal combustion engines. This does not include benzol and naphtha, sold or used for a purpose other than for the operation or propulsion of motor vehicles, or propane used for the generation of electricity. Any article or product, represented as gasoline, for use in internal combustion-type engines, used in motor vehicles, shall be equal to, or better, in quality and specification than that known as “United States government motor gasoline.”
  5. “Investigator and examiner” means any person appointed by the tax administrator to act as an investigator and examiner.
  6. “Manufactured biodiesel fuel” means: (i) Mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats that conform to ASTM D6751 specifications for use in diesel engines; (ii) That results in employment at a fixed location at a manufacturing facility for biodiesel fuel; and (iii) Any volume of biodiesel fuel that is subsequently blended with other fuels and is used for heating purposes, or for operating or propelling motor vehicles, notwithstanding the portion of biodiesel blended into any fuel, only the biodiesel portion of the fuel shall be exempt from taxation under this chapter.
  7. “Owner” includes any person, association of persons, firm, or corporation offering fuels for sale at retail.
  8. “Peddlers” means any person, association of persons, firm or corporation, except a distributor as defined in this chapter, who or that shall distribute gasoline by tank wagon in this state.
  9. “Public highways” includes any state or other highway and any public street, avenue, alley, park, parkway, driveway, or public place in any city or town.
  10. “Pump” includes any apparatus or machine for raising, driving, exhausting, or compressing fluids, and used in the sale and distribution of fuels.
  11. “Purchaser” includes any person, association of persons, firm, or corporation, wherever resident or located, who or that purchases fuels from a distributor, for use or resale, and any person, association of persons, firm, or corporation who or that purchases from a distributor, gasoline or other volatile and inflammable liquids (other than lubricating oils and oils used for heating purposes) for use other than for propelling motor vehicles.
  12. “Retail dealer” means any person, association of persons, firm, or corporation operating a filling station, as herein defined in this chapter, for the sale or dispensing of motor fuel by delivery into service tank, or tanks, of any highway motor vehicle that is propelled by an internal-combustion motor, other than the highway motor vehicle belonging to the person owning or operating the place of business; provided, however, that sales by a manufacturer or distributor shall not constitute them retail dealers.
  13. “State highways” includes only those public highways, or those parts of them, that shall be constructed or maintained by the department of transportation.
  14. “United States government motor gasoline” means that gasoline that is, or may be, prescribed by the federal specification board of the United States government for use as a fuel for motor vehicle, motor boat, and similar engines.
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History of Section. P.L. 1925, ch. 679, § 1; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2509, § 1; P.L. 1937, ch. 2510, §§ 1, 2; G.L. 1938, ch. 45, § 1; P.L. 1939, ch. 659, § 2; impl. am. P.L. 1939, ch. 660, § 70; P.L. 1939, ch. 746, § 1; P.L. 1940, ch. 822, § 1; P.L. 1950, ch. 2547, § 1; P.L. 1955, ch. 3583, § 1; G.L. 1956, § 31-36-1 ; P.L. 1996, ch. 147, § 1; P.L. 1996, ch. 205, § 1; P.L. 1997, ch. 168, § 2; P.L. 2004, ch. 484, § 1; P.L. 2007, ch. 348, § 1; P.L. 2007, ch. 429, § 1; P.L. 2008, ch. 98, § 24; P.L. 2008, ch. 145, § 24; P.L. 2009, ch. 129, § 1; P.L. 2009, ch. 168, § 1; P.L. 2016, ch. 388, § 1; P.L. 2016, ch. 403, § 1.

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History of Section.

P.L. 1925, ch. 679, § 1; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2509, § 1; P.L. 1937, ch. 2510, §§ 1, 2; G.L. 1938, ch. 45, § 1; P.L. 1939, ch. 659, § 2; impl. am. P.L. 1939, ch. 660, § 70; P.L. 1939, ch. 746, § 1; P.L. 1940, ch. 822, § 1; P.L. 1950, ch. 2547, § 1; P.L. 1955, ch. 3583, § 1; G.L. 1956, § 31-36-1 ; P.L. 1996, ch. 147, § 1; P.L. 1996, ch. 205, § 1; P.L. 1997, ch. 168, § 2; P.L. 2004, ch. 484, § 1; P.L. 2007, ch. 348, § 1; P.L. 2007, ch. 429, § 1; P.L. 2008, ch. 98, § 24; P.L. 2008, ch. 145, § 24; P.L. 2009, ch. 129, § 1; P.L. 2009, ch. 168, § 1; P.L. 2016, ch. 388, § 1; P.L. 2016, ch. 403, § 1.

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Compiler’s Notes.

P.L. 2016, ch. 388, § 1, and P.L. 2016, ch. 403, § 1 enacted identical amendments to this section.

Comparative Legislation.

Gasoline tax:

Conn. Gen. Stat. § 12-455a et seq.

Mass. Ann. Laws ch. 64A, § 1 et seq.

Collateral References.

Fuel taxable under gasoline tax statute. 47 A.L.R. 998; 84 A.L.R. 839; 111 A.L.R. 185.

Gasoline stations, regulation or authorization of. 18 A.L.R. 101; 29 A.L.R. 450; 34 A.L.R. 507; 42 A.L.R. 978; 49 A.L.R. 767; 55 A.L.R. 256; 79 A.L.R. 918; 96 A.L.R. 1337.

Tax on motor fuel as a revenue measure. 126 A.L.R. 1402.

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>>>>>>> origin/main 31-36-2. Registration of distributors required.

Every distributor shall, before continuing or commencing to transact the business of a distributor, apply for registration as a distributor at the office of the tax administrator upon a form to be obtained from the administrator and the administrator. If satisfied as to the facts stated in application, shall register the distributor and issue a certificate of the registration without charge, which registration shall entitle the distributor to continue or to commence to engage in the business within this state.

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History of Section. P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-2 .

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History of Section.

P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-2 .

>>>>>>> origin/main

Cross References.

Enforcement of provisions, § 31-37-21 .

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>>>>>>> origin/main 31-36-3. Bond of a motor fuel distributor.

  1. Before the division of taxation shall register a distributor as provided in § 31-36-2 , the distributor shall deposit with the Division of Taxation a surety bond running to the general treasurer and in form and substance approved by the division, in amount based upon an estimate of the average annual tax to be paid by the distributor as set forth in subsection (b) of this section, with any surety, if any, that the division may require, conditioned to pay any final judgment obtained against the principal named in the bond for failure to pay any and all taxes assessed under the provisions of this chapter. Provided, however, that any distributor that has paid all taxes assessed under this chapter for three (3) consecutive years shall be exempt from depositing a surety bond thereafter as long as the distributor remains in good standing. In the event a distributor fails to remain in good standing the division shall notify the distributor of the requirement to obtain a new surety bond that must be secured within thirty (30) days of said notice. Any distributor that fails to secure the bond as required under this section shall forfeit its certificate of registration, provided for in § 31-36-2 , until such time as the division receives proof that the bond has been secured.
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    AVERAGE ESTIMATE OF ANNUAL TAXES AMOUNT OF BOND $0 to $ 1,000,000 $ 250,000 $ to $ 1,500,000 1,000,001 $ 350,000 $ to $ 2,000,000 1,500,001 $ 500,000 $ to $ 2,500,000 2,000,001 $ 600,000 $ to $ 3,000,000 2,500,001 $ 700,000 $ to $ 5,000,000 3,000,001 $ 1,000,000 $ to $ 10,000,000 5,000,001 $ 2,000,000 $ 10,000,001 to $ 15,000,000 $ 3,000,000 $ 15,000,001 to $ 25,000,000 $ 4,000,000 $ 25,000,001 and Over $ 5,000,000

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    >>>>>>> origin/main
  3. In no event shall the amount of the bond in this section exceed five million dollars ($5,000,000).
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AVERAGE ESTIMATE OF ANNUAL TAXES AMOUNT OF BOND $0 to $ 1,000,000 $ 250,000 $ to $ 1,500,000 1,000,001 $ 350,000 $ to $ 2,000,000 1,500,001 $ 500,000 $ to $ 2,500,000 2,000,001 $ 600,000 $ to $ 3,000,000 2,500,001 $ 700,000 $ to $ 5,000,000 3,000,001 $ 1,000,000 $ to $ 10,000,000 5,000,001 $ 2,000,000 $ 10,000,001 to $ 15,000,000 $ 3,000,000 $ 15,000,001 to $ 25,000,000 $ 4,000,000 $ 25,000,001 and Over $ 5,000,000

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History of Section. P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; P.L. 1953, ch. 3177, § 1; G.L. 1956, § 31-36-3 ; P.L. 1962, ch. 63, § 1; P.L. 1978, ch. 165, § 1; P.L. 1996, ch. 100, art. 24, § 1; P.L. 2014, ch. 490, § 1; P.L. 2014, ch. 520, § 1.

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History of Section.

P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; P.L. 1953, ch. 3177, § 1; G.L. 1956, § 31-36-3 ; P.L. 1962, ch. 63, § 1; P.L. 1978, ch. 165, § 1; P.L. 1996, ch. 100, art. 24, § 1; P.L. 2014, ch. 490, § 1; P.L. 2014, ch. 520, § 1.

>>>>>>> origin/main

Compiler’s Notes.

P.L. 2014, ch. 490, § 1, and P.L. 2014, ch. 520, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-36-4. Suspension or revocation of registration.

The administrator may suspend or revoke a registration of any distributor after a hearing, upon not less than five (5) days’ notice, for any violation of the provisions of this chapter, and may require a return of the distributor’s certificate.

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History of Section. P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-4 .

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History of Section.

P.L. 1925, ch. 679, § 2; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 2; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-4 .

>>>>>>> origin/main 31-36-5. Measurement and marking of capacity of vehicles for transportation of fuels.

The capacity of every vehicle tank, and each compartment of it used for the transportation of fuels, shall be measured and sealed by an official sealer of weights and measures, and the capacity when so determined shall be plainly printed upon the right hand side of the vehicle tank in letters and numerals not less than one inch (1") in height.

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History of Section. P.L. 1925, ch. 679, § 3; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 3; G.L. 1956, § 31-36-5 .

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History of Section.

P.L. 1925, ch. 679, § 3; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 3; G.L. 1956, § 31-36-5 .

>>>>>>> origin/main

Cross References.

Testing of tank vehicles and meters, § 47-8-5 .

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>>>>>>> origin/main 31-36-6. Distributors’ sales records.

Every distributor shall keep a complete and accurate record of the number of gallons of fuels sold by the distributor and of the number of gallons of fuels used by the distributor, the date of the sales and of any use and, except in the case of retail sales through filling stations operated by the distributor, the names and addresses of the purchasers. The record shall be in a form and contain any information that the administrator may prescribe. Every distributor shall make for every sale of fuels, except retail sales through filling stations operated by the distributor, a written statement in duplicate containing the names and addresses of the distributor and the purchaser, the number of gallons sold and the dates of sale and delivery, one of which shall be delivered to the purchaser and the other retained by the distributor. Each record and statement shall be preserved by the distributor and purchaser for a period of three (3) years, and shall be open to inspection upon demand of the tax administrator or his or her authorized agents.

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History of Section. P.L. 1925, ch. 679, § 3; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 3; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-6 ; P.L. 1967, ch. 181, § 1.

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History of Section.

P.L. 1925, ch. 679, § 3; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 3; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-6 ; P.L. 1967, ch. 181, § 1.

>>>>>>> origin/main 31-36-7. Monthly report of distributors — Payment of tax.

  1. State requirements.  Every distributor shall, on or before the twentieth (20th) day of each month, render a report to the tax administrator, upon forms to be obtained from the tax administrator, of the amount (number of gallons) of fuels purchased, sold, or used by the distributor within this state and the amount of fuels sold by the distributor without this state from fuels within this state during the preceding calendar month, and, if required by the tax administrator as to purchases, the name or names of the person or persons from whom purchased and the date and amount of each purchase, and as to sales, the name or names of the person or persons to whom sold and the amount of each sale, and shall pay at the same time to the administrator tax at the rate of thirty-two cents ($0.32) per gallon on all taxable gallons of fuel sold or used in this state.
  2. Federal requirements.  In the event the federal government requires a certain portion of the gasoline tax to be dedicated for highway improvements, then the state controller is directed to establish a restricted receipt account and deposit that portion of gasoline tax receipts which brings the state into federal compliance. <<<<<<< HEAD

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    >>>>>>> origin/main Beginning July 1, 2015, and every other year thereafter, the gasoline tax shall be adjusted by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Bureau of Labor Statistics determined as of September 30 of the prior calendar year; said adjustment shall be rounded to the nearest one cent ($.01) increment, provided that the total tax shall not be less than provided for in section (a).

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History of Section. P.L. 1925, ch. 679, § 4; P.L. 1927, ch. 1033, § 3; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; P.L. 1947, ch. 1887, art. 4, § 1; G.L. 1956, § 31-36-7 ; P.L. 1958, ch. 17, art. 5, § 1; P.L. 1960, ch. 77, art. 3, § 1; P.L. 1968, ch. 263, art. 7, § 1; P.L. 1975, ch. 260, art. 8, § 1; P.L. 1981, ch. 186, § 1; P.L. 1982, ch. 9, art. 2, § 1; P.L. 1982, ch. 344, art. 14, § 1; P.L. 1983, ch. 2, art. 9, § 1; P.L. 1985, ch. 181, art. 25, § 2; P.L. 1987, ch. 172, § 1; P.L. 1989, ch. 126, art. 19, § 1; P.L. 1991, ch. 6, art. 17, § 1; P.L. 1993, ch. 138, art. 30, § 1; P.L. 1993, ch. 138, art. 89, § 1; P.L. 1994, ch. 134, § 19; P.L. 1997, ch. 30, art. 7, § 2; P.L. 1998, ch. 31, art. 6, § 2; P.L. 2002, ch. 65, art. 29, § 1; P.L. 2009, ch. 68, art. 16, § 1; P.L. 2014, ch. 145, art. 21, § 4.

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History of Section.

P.L. 1925, ch. 679, § 4; P.L. 1927, ch. 1033, § 3; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; P.L. 1947, ch. 1887, art. 4, § 1; G.L. 1956, § 31-36-7 ; P.L. 1958, ch. 17, art. 5, § 1; P.L. 1960, ch. 77, art. 3, § 1; P.L. 1968, ch. 263, art. 7, § 1; P.L. 1975, ch. 260, art. 8, § 1; P.L. 1981, ch. 186, § 1; P.L. 1982, ch. 9, art. 2, § 1; P.L. 1982, ch. 344, art. 14, § 1; P.L. 1983, ch. 2, art. 9, § 1; P.L. 1985, ch. 181, art. 25, § 2; P.L. 1987, ch. 172, § 1; P.L. 1989, ch. 126, art. 19, § 1; P.L. 1991, ch. 6, art. 17, § 1; P.L. 1993, ch. 138, art. 30, § 1; P.L. 1993, ch. 138, art. 89, § 1; P.L. 1994, ch. 134, § 19; P.L. 1997, ch. 30, art. 7, § 2; P.L. 1998, ch. 31, art. 6, § 2; P.L. 2002, ch. 65, art. 29, § 1; P.L. 2009, ch. 68, art. 16, § 1; P.L. 2014, ch. 145, art. 21, § 4.

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Cross References.

Amount of tax shown on pumps, § 31-37-11 .

Exemption from sales and use taxes, § 44-18-30 .

NOTES TO DECISIONS

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Foreign Transfers.

Tax could not be imposed where title passed on the high seas. Pennsylvania Petroleum Products Co. v. Clark, 55 F.2d 963, 1932 U.S. Dist. LEXIS 1015 (D. 1932).

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Foreign Transfers.

Tax could not be imposed where title passed on the high seas. Pennsylvania Petroleum Products Co. v. Clark, 55 F.2d 963, 1932 U.S. Dist. LEXIS 1015 (D. 1932).

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Collateral References.

Liability for gasoline tax. 47 A.L.R. 998; 84 A.L.R. 839; 111 A.L.R. 185.

Payment over to state of tax received from public, distributor’s duty as to. 114 A.L.R. 726.

Right of taxing authorities to collect from dealer or manufacturer, taxes illegally imposed, when passed on by him to customer. 93 A.L.R. 1490; 119 A.L.R. 542.

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>>>>>>> origin/main 31-36-8. Declarations under penalty of perjury.

The oath or affirmation required by the provisions of this chapter or chapter 37 of this title as to any report or written statement shall not be required if the report or statement to be sworn to contains or is verified by a written declaration that it is made under the penalties of perjury. Whoever signs or issues the report or statement containing or verified by the written declaration shall, if the report or statement is willfully false, be guilty of perjury.

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History of Section. G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; G.L. 1956, § 31-36-8 .

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History of Section.

G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; G.L. 1956, § 31-36-8 .

>>>>>>> origin/main

Cross References.

Penalty for perjury, § 11-33-2 .

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>>>>>>> origin/main 31-36-9. Assessment on determination of incorrectness of report or on failure to file report.

  1. Deficiency determination; interest.  If the tax administrator is not satisfied with any statement or report or the amount of tax paid to the tax administrator by any person, the tax administrator may compute and determine the amount required to be paid upon the basis of the facts contained in the statement or report or upon the basis of any information in the tax administrator’s possession or that may come into the tax administrator’s possession. One or more deficiency determinations may be made of the amount due for one or for more than one month. The amount of the determination, exclusive of penalties, shall bear interest at the annual rate provided by § 44-1-7 , as amended, from the twenty-fifth day after the close of the month for which the amount, or any portions of it, should have been paid until the date of payment.
  2. Pecuniary penalties for deficiencies.  If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of the provisions of this chapter, a penalty of ten percent (10%) of the amount of the determination shall be added to it. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade the provisions of this chapter, a penalty of fifty percent (50%) of the amount of the determination shall be added to it.
  3. Notice of determination.  The tax administrator shall give to the distributor or other person against whom any claim is asserted a written notice of the tax administrator’s determination. Except in the case of fraud, intent to evade the provisions of this article, failure to make a return, or claim for additional amount pursuant to subsections (6) to (9) of this section, every notice of a deficiency determination shall be mailed within three (3) years after the twenty-fifth day of the calendar month following the month for which the amount is proposed to be determined or within three (3) years after the return is filed, whichever period expires later, unless a longer period is agreed upon by the tax administrator and the taxpayer.
  4. Determination without report; interest and penalties.  If any person fails to file a report, the tax administrator shall make an estimate of the amount (number of gallons) of fuels purchased, sold or used which is subject to tax. The estimate shall be made for the month or months in respect to which the person failed to file a report and shall be based upon any information which is in the tax administrator’s possession or may come into the tax administrator’s possession. Upon the basis of this estimate, the tax administrator shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to ten percent (10%) of it. One or more determinations may be made for one or for more than one month. The amount of the determination, exclusive of penalties, shall bear interest at the annual rate provided by § 44-1-7 , as amended, from the twenty-fifth day after the close of the month for which the amount or any portion of it should have been paid until the date of payment. If the failure of any person to file a report is due to fraud or an intent to evade the provisions of this chapter, a penalty of fifty percent (50%) of the amount required to be paid by the person, exclusive of penalties, shall be added to it in addition to the ten percent (10%) penalty provided in this section. After making his or her determination the tax administrator shall mail a written notice of the estimate, determination, and penalty.
  5. Jeopardy determinations.  If the tax administrator believes that collection of any tax or any amount of tax required to be collected and paid to the state or of any determination will be jeopardized by delay, the tax administrator shall thereupon make a determination of the tax or amount of tax required to be collected, including interest and penalties, if any, noting that fact upon the determination. The amount so determined shall be due and payable immediately upon the mailing by the tax administrator of the notice of that determination.
  6. Finality of determination; time payment due.  Unless a hearing shall have been requested as provided in subsection (7) of this section, any determination made by the tax administrator under subsections (1) — (4) of this section shall become final and shall be paid within ten (10) days after mailing by the tax administrator of the notice of the determination. If the determination is not so paid, a further penalty of ten percent (10%) of the amount of the determination, exclusive of interest and other penalties, shall be added to it.
  7. Hearing by administrator on application.  Any person aggrieved by any assessment, deficiency, or otherwise, shall notify the tax administrator in writing within thirty (30) days from the date of mailing by the tax administrator of the notice of the assessment and shall request a hearing relative to it. The tax administrator shall, as soon as practicable, fix a time and place for the hearing and shall, after the hearing, determine the correct amount of the tax, interest, and penalties; provided, that when a jeopardy assessment or determination shall be made the hearing shall not be had unless the jeopardy assessment with penalties and interest shall have been paid. The tax administrator may decrease or increase the amount of any determination.
  8. Petition for judicial review; citation and hearing.  After a hearing, and provided all taxes, interest, and penalties as determined by the tax administrator have been paid, any person aggrieved by the determination may, within fifteen (15) days from the date of mailing by the tax administrator of the determination, petition the sixth division of the district court, setting forth the reasons why the assessment is alleged to be erroneous and praying relief from it. The clerk of the court shall then issue a citation, substantially in the form provided in § 44-5-26 , to summon the tax administrator to answer the petition, and the court shall proceed to hear the petition and to determine the correct amount of the tax, interest, and penalties.
  9. Judgment on review.  If, upon final determination of the petition, it shall appear that the tax administrator’s assessment was correct, the court shall confirm the assessment; or, if incorrect, the court shall determine the proper amount of the tax, interest, and penalties, and it shall appear that the petitioner, by reason of the payment of the tax, interest, and penalties, is entitled to recover the payment or any part of it, the court may order a refund with interest at the annual rate provided by § 44-1-7 , as amended, or order a credit, as the circumstances may warrant. If a refund is so ordered, it shall be paid by the general treasurer upon certification of the tax administrator with the approval of the director of administration. If it shall appear that the state is entitled to a greater amount of tax, interest, and penalties than assessed or determined by the tax administrator and paid by the petitioner, the court shall order the payment by the petitioner of any additional amount that the court shall determine, and the petitioner shall immediately pay the amount to the tax administrator. A party aggrieved by a final order of the court may seek review thereof in the supreme court by writ of certiorari in accordance with the procedures contained in § 8-8-32 .
  10. Interest and penalties on delinquent payments.  Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the tax administrator under subsections (1) — (4) of this section within the time required, shall pay a penalty of ten percent (10%) of the tax or amount of the tax, in addition to the tax or amount of the tax, plus interest at the annual rate provided by § 44-1-7 , as amended, from the date on which the tax or amount of the tax required to be collected became due and payable to the state until date of payment.
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History of Section. P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-9 ; P.L. 1967, ch. 181, § 2; P.L. 1976, ch. 140, § 16; P.L. 1992, ch. 388, § 12; P.L. 1993, ch. 459, § 13.

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History of Section.

P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-9 ; P.L. 1967, ch. 181, § 2; P.L. 1976, ch. 140, § 16; P.L. 1992, ch. 388, § 12; P.L. 1993, ch. 459, § 13.

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Cross References.

Assessment and collection by tax administrator, § 44-1-2 .

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>>>>>>> origin/main 31-36-10. Repealed.

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History of Section. P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-10 ; Repealed by P.L. 1967, ch. 181, § 3.

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History of Section.

P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-10 ; Repealed by P.L. 1967, ch. 181, § 3.

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Compiler’s Notes.

Former § 31-36-10 concerned failure to make reports or allow examinations, and evasion of tax.

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>>>>>>> origin/main 31-36-11. Interest on delinquent taxes — Actions for collections.

Any distributor failing to pay the tax provided for in this chapter when payable shall be liable for interest at the annual rate provided by § 44-1-7 , as amended, on the amount of the tax from the time when the tax shall become payable until the tax is paid, and suit for the collection of the tax and interest shall be initiated by the tax administrator, under the direction and supervision of the director of administration.

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History of Section. P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-11 ; P.L. 1967, ch. 181, § 4; P.L. 1992, ch. 388, § 12.

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History of Section.

P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 4; P.L. 1929, ch. 1405, § 1; P.L. 1937, ch. 2500, § 1; P.L. 1938, ch. 2626, § 1; G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 31-36-11 ; P.L. 1967, ch. 181, § 4; P.L. 1992, ch. 388, § 12.

>>>>>>> origin/main

Cross References.

Costs on prosecution of violations, § 31-37-18 .

Collateral References.

Collection of gasoline tax. 111 A.L.R. 212.

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>>>>>>> origin/main 31-36-11.1. Interest on overpayments.

If it shall be determined that an overpayment has been made with respect to the tax provided for in this chapter, the amount of the overpayment shall bear interest at the annual rate established by § 44-1-7.1 . The acceptance of the check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and interest.

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>>>>>>> origin/main History of Section. P.L. 1982, ch. 159, § 5; P.L. 1983, ch. 104, § 5.

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>>>>>>> origin/main 31-36-12. Tax as debt to state.

The tax imposed under the provisions of this chapter, together with all penalties, charges, and interest thereon shall also become, from the time the same are due and payable, a debt to the state of Rhode Island from the person or corporation liable for the payment of it.

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History of Section. G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; G.L. 1956, § 31-36-12 .

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History of Section.

G.L. 1938, ch. 45, § 4; P.L. 1939, ch. 745, § 1; G.L. 1956, § 31-36-12 .

>>>>>>> origin/main 31-36-13. Exemption and reimbursement for sales to United States or outside state — Emergency sales to other distributors.

Any person who shall purchase fuels upon which the tax provided in this chapter shall have been paid and shall sell the fuels outside this state or to the United States government, may be reimbursed the amount of the tax in the manner and subject to the conditions provided in this chapter. All claims for reimbursement shall be made under oath to the tax administrator upon forms to be obtained from the tax administrator, within two hundred forty (240) days from the date of the purchase of the fuels, and shall contain any information and proof that the tax administrator may require, that the claimant has paid the tax and that the fuels have been sold by the claimant outside this state or to the United States government. Claims for reimbursement shall be paid by the general treasurer from the general fund upon certification by the tax administrator and with the approval of the controller. However, any distributor shall be exempt from the payment of any tax on fuels sold by the distributor to the United States government or to a person, firm, or corporation who or which shall use the fuel solely for the operation of railroad transportation equipment on fixed rails or tracks, upon the presentation to the tax administrator by the distributor of proof satisfactory to the tax administrator as to the sale. Provided, that any distributor shall be exempt from the payment of any tax on fuels sold by the distributor to another distributor who is registered with the tax administrator.

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History of Section. P.L. 1925, ch. 679, § 5; P.L. 1930, ch. 1564, § 1; G.L. 1938, ch. 45, § 5; P.L. 1939, ch. 746, § 2; P.L. 1942, ch. 1212, art. 13, § 1; P.L. 1945, ch. 1600, § 1; P.L. 1947, ch. 1975, § 1; P.L. 1953, ch. 3177, § 2; G.L. 1956, § 31-36-13 ; P.L. 1965, ch. 69, § 1; P.L. 1976, ch. 61, § 1; P.L. 1977, ch. 154, § 1.

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History of Section.

P.L. 1925, ch. 679, § 5; P.L. 1930, ch. 1564, § 1; G.L. 1938, ch. 45, § 5; P.L. 1939, ch. 746, § 2; P.L. 1942, ch. 1212, art. 13, § 1; P.L. 1945, ch. 1600, § 1; P.L. 1947, ch. 1975, § 1; P.L. 1953, ch. 3177, § 2; G.L. 1956, § 31-36-13 ; P.L. 1965, ch. 69, § 1; P.L. 1976, ch. 61, § 1; P.L. 1977, ch. 154, § 1.

>>>>>>> origin/main 31-36-13.1. Other exemptions.

Any distributor located in the town of New Shoreham shall be exempt at the point of purchase from the payment of any tax on fuel sold by the distributor directly, not at a filling station, to a person or entity who may file for a refund or reimbursement of motor fuel tax pursuant to § 31-36-15 .

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>>>>>>> origin/main History of Section. P.L. 2003, ch. 415, § 1.

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>>>>>>> origin/main 31-36-14. Purchase for export by distributor licensed in another state.

Any distributor unlicensed in Rhode Island, who is a licensed distributor in a state outside of Rhode Island, may purchase fuels for export, tax free, after the distributor has first obtained a permit from the administrator for the exportation and shall comply with any rules and regulations that the administrator shall prescribe including the filing of a bond if required by the administrator.

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History of Section. G.L. 1938, ch. 45, § 5; P.L. 1947, ch. 1975, § 1; G.L. 1956, § 31-36-14 ; P.L. 1961, ch. 55, § 1; P.L. 1967, ch. 181, § 6.

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History of Section.

G.L. 1938, ch. 45, § 5; P.L. 1947, ch. 1975, § 1; G.L. 1956, § 31-36-14 ; P.L. 1961, ch. 55, § 1; P.L. 1967, ch. 181, § 6.

>>>>>>> origin/main 31-36-15. Refunds of motor fuel tax.

    1. Commercial fishing operators who shall use fuels for propelling boats used principally in the business of commercial fishing for which certificates of registration have been issued by the department of environmental management for use in the commercial catching of marine fish, shellfish, or lobsters; (2) persons, firms, or corporations who or which shall use fuel for marine purposes, including in it fuel used in boats operated commercially for carrying passengers or freight but excluding from it fuels used in the operation or propulsion of pleasure craft, and further including persons, firms or corporations who purchase fuel for pumping, intaking, or discharging sea or bay waters for maintaining fish, shellfish, or lobsters; (3) lumber harvesters who shall use fuel for the operation of stationary engines, tractors, and other motor vehicles used in the course of lumbering in the forest or woods and which are not registered for use or used on public highways; (4) water well drillers who shall use fuel for the operation of stationary engines or drilling apparatus in the course of boring or drilling wells and not registered for use on the public highways; (5) farmers who shall use fuel for the operation of stationary engines, tractors, and other motor vehicles which are used in agricultural work on the farm of the claimant and which are not registered for use or used on public highways; (6) manufacturers who use fuels, except gasoline and diesel engine fuel, as industrial raw material and who use diesel engine fuel for the manufacture of power; and (7) municipalities and sewer commissions or their agencies which use fuel in the operation of stationary engines and motor vehicles which are not registered for use on public highways in the operation of sewer treatment plants; may file the claim for reimbursement of tax in the same manner as prescribed in § 31-36-13 , and shall be reimbursed by the state upon proof satisfactory to the tax administrator that the fuel was used as prescribed in this section.
  2. No claim shall be filed if the reimbursement sought to be obtained amounts to less than one dollar ($1.00).
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History of Section. P.L. 1925, ch. 679, § 5; P.L. 1929, ch. 1405, § 1; P.L. 1930, ch. 1564, § 1; G.L. 1938, ch. 45, § 5; P.L. 1939, ch. 746, § 2; P.L. 1940, ch. 871, § 1; P.L. 1945, ch. 1600, § 1; P.L. 1947, ch. 1975, § 1; P.L. 1948, ch. 2095, § 1; P.L. 1949, ch. 2369, § 1; G.L. 1956, § 31-36-15 ; P.L. 1964, ch. 184, § 1; P.L. 1967, ch. 181, § 5; P.L. 1977, ch. 154, § 1; P.L. 1978, ch. 402, § 1; P.L. 1988, ch. 381, § 1; P.L. 1996, ch. 147, § 1; P.L. 1996, ch. 205, § 1.

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History of Section.

P.L. 1925, ch. 679, § 5; P.L. 1929, ch. 1405, § 1; P.L. 1930, ch. 1564, § 1; G.L. 1938, ch. 45, § 5; P.L. 1939, ch. 746, § 2; P.L. 1940, ch. 871, § 1; P.L. 1945, ch. 1600, § 1; P.L. 1947, ch. 1975, § 1; P.L. 1948, ch. 2095, § 1; P.L. 1949, ch. 2369, § 1; G.L. 1956, § 31-36-15 ; P.L. 1964, ch. 184, § 1; P.L. 1967, ch. 181, § 5; P.L. 1977, ch. 154, § 1; P.L. 1978, ch. 402, § 1; P.L. 1988, ch. 381, § 1; P.L. 1996, ch. 147, § 1; P.L. 1996, ch. 205, § 1.

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Cross References.

Public passenger buses, exemption from payment of tax, § 39-13-17 .

NOTES TO DECISIONS

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Railroad Operation Reimbursement.

Fuel oil used for refrigerated freight cars and trailers, which are an integral part of a railroad’s operation, fall squarely within the railroad-operation reimbursement language found in this section. Fruit Growers Express Co. v. Norberg, 471 A.2d 628, 1984 R.I. LEXIS 456 (R.I. 1984) (decided under facts existing prior to 1977 amendment; see now § 31-36-13 ).

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Railroad Operation Reimbursement.

Fuel oil used for refrigerated freight cars and trailers, which are an integral part of a railroad’s operation, fall squarely within the railroad-operation reimbursement language found in this section. Fruit Growers Express Co. v. Norberg, 471 A.2d 628, 1984 R.I. LEXIS 456 (R.I. 1984) (decided under facts existing prior to 1977 amendment; see now § 31-36-13 ).

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Collateral References.

Aeroplane, state law taxing gasoline for use in, or gasoline dealers supplying. 83 A.L.R. 338; 99 A.L.R. 173; 155 A.L.R. 1026.

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>>>>>>> origin/main 31-36-16. Payment of tax by persons other than distributors.

Any person who shall receive fuels in any form and under any circumstances that shall preclude the collection of the tax provided for in this chapter, from the distributors, and shall then sell or use the fuels in any manner and under any circumstances that shall render the sale or use subject to the tax, shall be considered as a distributor, and shall make the same report, pay the same taxes, and be subject to all other provisions of this chapter relating to a distributor of the fuels; excepting, that the requirements under this chapter for the filing of a bond shall be discretionary with the tax administrator, and if the bond is required to be filed it shall be in an amount not to exceed seventy-five thousand dollars ($75,000).

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History of Section. P.L. 1925, ch. 679, § 6; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 6; P.L. 1953, ch. 3177, § 3; G.L. 1956, § 31-36-16 ; P.L. 1996, ch. 100, art. 24, § 1.

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History of Section.

P.L. 1925, ch. 679, § 6; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 6; P.L. 1953, ch. 3177, § 3; G.L. 1956, § 31-36-16 ; P.L. 1996, ch. 100, art. 24, § 1.

>>>>>>> origin/main 31-36-17. Carriers’ reports of deliveries.

Every railroad, common carrier, or person delivering fuels into this state shall immediately report the delivery in writing to the state administrator, stating the names and addresses of the consignor and the consignee, the date and place of delivery, and the number of gallons delivered.

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History of Section. P.L. 1925, ch. 679, § 6; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 6; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-17 .

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History of Section.

P.L. 1925, ch. 679, § 6; P.L. 1929, ch. 1405, § 1; G.L. 1938, ch. 45, § 6; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-17 .

>>>>>>> origin/main 31-36-18. Appeals involving licenses or registrations.

  1. Any distributor, owner, or person aggrieved by any order of the administrator made under the provisions of this chapter or chapter 37 of this title, involving the issuance, suspension, or revocation of a license, permit, or certificate of registration or any other matter (but not including assessments of taxes, interest, and penalties) may appeal the order to the sixth division of the district court by filing within thirty (30) days from the date of the notice to the distributor, owner, or person of the issuance of the order appealed from, a petition in the court stating the grounds upon which the appeal is taken.
  2. Upon the filing of the petition, the court shall cause thirty (30) days’ notice of the pendency of it to be given to the administrator by serving the administrator in the manner in which subpoenas in equity are served, with a certified copy of the petition, and the petition shall follow the course of equity so far as the same is applicable. Upon hearing the petition the court may review the evidence taken at a hearing, investigator and examiner’s reports, or other information upon which the administrator’s action was taken, and may in its discretion, affirm or overrule or modify the order of the administrator. The taking of the appeal shall not operate as a stay of the order of the administrator from which the appeal is taken, and the order shall remain in full force and effect during the dependency of the appeal unless otherwise ordered by the court.
  3. A party aggrieved by a final order of the court may seek review of the order in the Supreme Court by writ of certiorari in accordance with the procedures contained in § 42-35-16 .
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History of Section. P.L. 1925, ch. 679, § 11; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 7; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-18 ; P.L. 1967, ch. 181, § 7; P.L. 1976, ch. 140, § 16; P.L. 1982, ch. 388, § 21.

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History of Section.

P.L. 1925, ch. 679, § 11; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 7; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-36-18 ; P.L. 1967, ch. 181, § 7; P.L. 1976, ch. 140, § 16; P.L. 1982, ch. 388, § 21.

>>>>>>> origin/main

NOTES TO DECISIONS

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Injunction.

Federal court could enjoin collection in violation of interstate commerce clause since appeal under this section would be inadequate remedy. Pennsylvania Petroleum Products Co. v. Clark, 55 F.2d 963, 1932 U.S. Dist. LEXIS 1015 (D. 1932).

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Injunction.

Federal court could enjoin collection in violation of interstate commerce clause since appeal under this section would be inadequate remedy. Pennsylvania Petroleum Products Co. v. Clark, 55 F.2d 963, 1932 U.S. Dist. LEXIS 1015 (D. 1932).

>>>>>>> origin/main 31-36-19. Penalty for violations.

Any distributor, purchaser, owner, or other person who fails or refuses to furnish any report or statement required to be made, or who fails or refuses to furnish any other data required by the tax administrator, or who files any false or fraudulent report, or who violates any provision of this chapter or chapter 37 of this title for which no other penalty is provided, shall be guilty of a felony, and shall for each offense be fined not more than ten thousand dollars ($10,000) or be imprisoned for not exceeding one year, or be punished by both fine and imprisonment.

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History of Section. P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 12; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 8; G.L. 1956, § 31-36-19 ; P.L. 1967, ch. 181, § 8; P.L. 1986, ch. 103, § 11.

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History of Section.

P.L. 1925, ch. 679, § 6; P.L. 1925, ch. 679, § 12; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 8; G.L. 1956, § 31-36-19 ; P.L. 1967, ch. 181, § 8; P.L. 1986, ch. 103, § 11.

>>>>>>> origin/main 31-36-20. Disposition of proceeds.

  1. Notwithstanding any other provision of law to the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be applied to and held in a separate fund and be deposited in any depositories that may be selected by the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that in fiscal year 2004 for the months of July through April six and eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of § 31-36-7 , less refunds and credits, shall be transferred to the Rhode Island public transit authority as provided under § 39-18-21 . For the months of May and June in fiscal year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725); provided, that expenditures shall include the costs of a market survey of non-transit users and a management study of the agency to include the feasibility of moving the Authority into the Department of Transportation, both to be conducted under the auspices of the state budget officer. The state budget officer shall hire necessary consultants to perform the studies, and shall direct payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 session of the General Assembly, with comments from the Authority. For fiscal year 2009, the allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent ($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11 . For fiscal years 2010 and thereafter, the allocation shall be nine and seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11 . One cent ($0.01) per gallon shall be transferred to the Elderly/Disabled Transportation Program of the department of human services, and the remaining cents per gallon shall be available for general revenue as determined by the following schedule:
    1. For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for general revenue.
    2. For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for general revenue.
    3. For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general revenue.
    4. For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for general revenue.
    5. For the months of July through April in fiscal year 2004, one and four-tenths cents ($0.014) shall be available for general revenue. For the months of May through June in fiscal year 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter, until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 through fiscal year 2009 one cent ($0.01) shall be available for general revenue. <<<<<<< HEAD =======

      >>>>>>> origin/main (2) All deposits and transfers of funds made by the tax administrator under this section, including those to the Rhode Island public transit authority, the department of human services, the Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the funds in question. <<<<<<< HEAD =======

      >>>>>>> origin/main (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the election of the Director of the Rhode Island Department of Transportation, with the approval of the Director of the Department of Administration, to an indenture trustee, administrator, or other third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and Enactment Approving the Financing of Various Department of Transportation Projects adopted during the 2003 session of the General Assembly, and approved by the Governor. <<<<<<< HEAD =======

      >>>>>>> origin/main (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly authorized to issue bonds and notes previously authorized under said Joint Resolution for the purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet River Bridge and the termination thereof.

  2. Notwithstanding any other provision of law to the contrary, all other funds in the fund shall be dedicated to the department of transportation, subject to annual appropriation by the general assembly. The director of transportation shall submit to the general assembly, budget office and office of the governor annually an accounting of all amounts deposited in and credited to the fund together with a budget for proposed expenditures for the succeeding fiscal year in compliance with §§ 35-3-1 and 35-3-4 . On order of the director of transportation, the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payments of any sum or portion of the sum that may be required from time to time upon receipt of properly authenticated vouchers.
  3. At any time the amount of the fund is insufficient to fund the expenditures of the department of transportation, not to exceed the amount authorized by the general assembly, the general treasurer is authorized, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for the purposes specified in this section, any funds of the state not specifically held for any particular purpose. However, all the advances made to the fund shall be returned to the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the extent of the advances.

History of Section. P.L. 1942, ch. 1212, art. 13, § 2; G.L. 1956, § 31-36-20 ; P.L. 1983, ch. 167, § 1; P.L. 1985, ch. 181, art. 2, § 1; P.L. 1986, ch. 287, art. 3, § 1; P.L. 1988, ch. 129, art. 3, § 1; P.L. 1989, ch. 35, § 1; P.L. 1992, ch. 133, art. 45, § 1; P.L. 1993, ch. 138, art. 30, § 1; P.L. 1994, ch. 70, art. 8, § 1; P.L. 1995, ch. 370, art. 7, § 1; P.L. 1997, ch. 30, art. 7, § 1; P.L. 1998, ch. 31, art. 6, § 2; P.L. 1999, ch. 31, art. 12, § 1; P.L. 1999, ch. 434, § 1; P.L. 1999, ch. 436, § 1; P.L. 2000, ch. 55, art. 24, § 1; P.L. 2000, ch. 109, § 42; P.L. 2001, ch. 77, art. 16, § 1; P.L. 2002, ch. 65, art. 29, § 1; P.L. 2003, ch. 376, art. 28, § 1; P.L. 2003, ch. 376, art. 36, § 9; P.L. 2004, ch. 595, art. 18, § 1; P.L. 2005, ch. 117, art. 16, § 5; P.L. 2009, ch. 5, art. 9, § 11; P.L. 2009, ch. 68, art. 5, § 9 and art. 16, § 1; P.L. 2014, ch. 145, art. 21, § 4.

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History of Section.

P.L. 1942, ch. 1212, art. 13, § 2; G.L. 1956, § 31-36-20 ; P.L. 1983, ch. 167, § 1; P.L. 1985, ch. 181, art. 2, § 1; P.L. 1986, ch. 287, art. 3, § 1; P.L. 1988, ch. 129, art. 3, § 1; P.L. 1989, ch. 35, § 1; P.L. 1992, ch. 133, art. 45, § 1; P.L. 1993, ch. 138, art. 30, § 1; P.L. 1994, ch. 70, art. 8, § 1; P.L. 1995, ch. 370, art. 7, § 1; P.L. 1997, ch. 30, art. 7, § 1; P.L. 1998, ch. 31, art. 6, § 2; P.L. 1999, ch. 31, art. 12, § 1; P.L. 1999, ch. 434, § 1; P.L. 1999, ch. 436, § 1; P.L. 2000, ch. 55, art. 24, § 1; P.L. 2000, ch. 109, § 42; P.L. 2001, ch. 77, art. 16, § 1; P.L. 2002, ch. 65, art. 29, § 1; P.L. 2003, ch. 376, art. 28, § 1; P.L. 2003, ch. 376, art. 36, § 9; P.L. 2004, ch. 595, art. 18, § 1; P.L. 2005, ch. 117, art. 16, § 5; P.L. 2009, ch. 5, art. 9, § 11; P.L. 2009, ch. 68, art. 5, § 9 and art. 16, § 1; P.L. 2014, ch. 145, art. 21, § 4.

>>>>>>> origin/main Applicability.

P.L. 2009, ch. 68, art. 16, § 17 provides that the amendment to this section by that act takes effect July 1, 2009, and shall apply to hospitals, as defined in Section 2, which are duly licensed on July 1, 2009. The licensing fee imposed by Section 2 shall be in addition to the inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38 .1.

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>>>>>>> origin/main 31-36-20.1. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 35, § 2; Repealed by P.L. 1998, ch. 31, art. 6, § 3, effective July 1, 1998.

Compiler’s Notes.

Former § 31-36-20.1 concerned making appropriations for pavement management.

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>>>>>>> origin/main 31-36-21. Deposit in mail as sufficient notice.

In the administration of this chapter and chapter 37 of this title, the requirement that the tax administrator give notice by mail shall be fulfilled by the depositing in any United States post office of the notice, either as ordinary, registered, or certified mail, directed to the latest address of the person concerned which shall have been filed with the tax administrator. It shall be the responsibility of each person liable for any tax under these chapters to keep the tax administrator informed of his or her correct address.

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>>>>>>> origin/main History of Section. P.L. 1967, ch. 181, § 9.

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>>>>>>> origin/main 31-36-22. Rules and regulations — Forms.

  1. The tax administrator shall prescribe rules and regulations, not inconsistent with law, to carry into effect the provisions of this chapter and chapter 37 of this title. These rules and regulations, when reasonably designed to carry out the intent and purpose of these chapters, shall be prima facie evidence of their proper interpretation. The rules and regulations may from time to time be amended, suspended, or revoked, in whole or in part, by the tax administrator.
  2. The tax administrator shall prescribe, and shall furnish, any forms necessary or proper for the administration of these chapters.
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>>>>>>> origin/main History of Section. P.L. 1967, ch. 181, § 9; P.L. 2009, ch. 129, § 1; P.L. 2009, ch. 168, § 1.

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>>>>>>> origin/main 31-36-23. Severability.

The provisions of this chapter and chapter 37 of this title are declared to be severable. In case any part, section, or provision of these chapters is held void by any court of competent jurisdiction, the remaining parts, sections, and provisions of the chapter shall not be impaired or otherwise affected.

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>>>>>>> origin/main History of Section. P.L. 1967, ch. 181, § 9.

Chapter 36.1 Fuel Use Reporting Law

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>>>>>>> origin/main 31-36.1-1. Statement of purpose.

The purpose of this chapter is to assure the payment of tax on fuel consumed by motor carriers in propelling qualified motor vehicles on the public highways in Rhode Island.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-2. Definitions.

Terms used in this chapter shall be construed to have the meanings provided for in § 31-36-1 and as follows:

  1. “Administrator” means the tax administrator.
  2. “Bond” means:
    1. A bond duly executed by a motor carrier as principal with a corporate surety qualified under the provisions of the laws of this state, which bond shall be payable to this state, conditioned upon the basic performance of all requirements of this chapter, including the payment of all taxes, penalties and other obligations of the motor carrier arising out of this tax; or
    2. A deposit with the state treasury by the motor carrier under any terms and conditions that the administrator may prescribe, in like amount of lawful money of the United States or bonds, or other obligations of the United States, this state, or any county of this state, of an actual market value not less than the amount so fixed by the administrator.
  3. “Jurisdiction” means a state of the United States of America, the District of Columbia, a province or territory of Canada, or a state of the United Mexican States.
  4. “Motor carrier” means every person, association of persons, firm, or corporation, or any other legal entity, wherever resident or located, who operates or causes to be operated qualified motor vehicles on the public highways of this state.
  5. “Qualified motor vehicles” means a motor vehicle used, designed or maintained for transportation of persons or property and:
    1. Having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand pounds (26,000 lbs.) or 11,797 kilograms; or
    2. Having three (3) or more axles regardless of weight; or
    3. Is used in combination, when the weight of such combination exceeds twenty-six thousand pounds (26,000 lbs.) or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified motor vehicle does not include recreational vehicles.
  6. “Recreational vehicle” means vehicles such as motor homes, pickup trucks with attached campers, and buses when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.
  7. “Use” means the consumption by a motor carrier of fuels in the propulsion of qualified motor vehicles over the highways of this state unless the fuel consumed is specifically excluded by law from the tax.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1982, ch. 307, § 1; P.L. 1996, ch. 173, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-3. Motor carrier license and identification — Temporary licenses.

  1. Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall apply to the administrator for a motor carrier fuel use license upon forms approved by the administrator and there shall be no fee for this license. The license shall remain in effect until surrendered or revoked under the provisions of § 31-36.1-4 . The tax administrator shall, in addition, provide identification devices in the quantity requested to each licensed motor carrier. One such device must be displayed on the exterior portion of each side of the cab of each qualified motor vehicle. Identification devices shall be issued each year by the administrator and shall be displayed on or before March 1.
  2. The administrator may refuse to issue a license if the application for it:
    1. Is filed by a motor carrier whose license at any time theretofore has been revoked by the administrator.
    2. Contains any misrepresentation, misstatement, or omission of material information required by the application.
    3. Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest whose license or registration previously has been revoked for cause by the administrator.
    4. Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty, or other amount due the administrator for its account. <<<<<<< HEAD

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      >>>>>>> origin/main The finding may be made by the administrator after granting the applicant a hearing of which the applicant shall be given ten (10) days’ notice in writing, and in which the applicant shall have the right to appear in person or by counsel and present testimony.

  3. Temporary license.  Upon application to the administrator, an unlicensed motor carrier may obtain a temporary license which will authorize one qualified motor vehicle to be operated on the highways of this state, for a period not to exceed ten (10) days, without compliance with the fees imposed in this section, the tax imposed in § 31-36.1-5 , and the bond required in § 31-36.1-6 . There shall be no fee for this license.
  4. The administrator may adopt rules and regulations specifying the conditions under which temporary licenses will be issued and providing for their issuance.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1982, ch. 307, § 1; P.L. 1987, ch. 118, art. 18, § 1; P.L. 2006, ch. 246, art. 22, § 1; P.L. 2019, ch. 88, art. 3, § 3.

NOTES TO DECISIONS

Constitutionality.

The decal-fee requirement under this section as it existed between 1982 and 1987, which applied the fee only to nonresident motor carriers, did not constitute an invalid discriminatory tax under the federal commerce clause, given that the decal fee requirement assisted in the administration of the taxation scheme under this chapter and was fairly related to the services provided by Rhode Island in maintaining and repairing highways, and that resident motor carriers were subject to comparable identification requirements by complying with the annual registration requirements for resident vehicle owners. Seibert v. Clark, 619 A.2d 1108, 1993 R.I. LEXIS 27 (R.I. 1993).

The decal-fee requirement, as it existed under this section between 1982 and 1987, which was applied only to nonresident motor carriers to insure compliance with this chapter, did not violate the privileges and immunities clause of the United States Constitution, given that the plaintiff provided no evidence to indicate that the fee was unnecessary to administer this chapter, or that the purpose of the statute was to punish nonresidents. The fee was a reasonable expense to cover the cost of administering the tax gain. Seibert v. Clark, 619 A.2d 1108, 1993 R.I. LEXIS 27 (R.I. 1993).

Jurisdiction.

The superior court lacks subject matter jurisdiction to hear a suit contesting the authority of the tax administrator from collecting fees under subsection (a); the appropriate route for challenging the actions of the tax administrator is delineated in chapter 35 of title 42, the Administrative Procedures Act, and the appropriate forum for judicial review of a decision by the tax administrator lies in the district court. Owner-Operators Independent Drivers Ass'n v. State, 541 A.2d 69, 1988 R.I. LEXIS 52 (R.I. 1988).

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>>>>>>> origin/main 31-36.1-4. Motor carrier license and identification revocation.

The administrator may revoke the license and identification devices of a motor carrier which refuses or neglects to comply with any provision of this chapter or any regulation pursuant to this chapter. Before revoking the license and identification devices, the administrator shall send notice by registered or certified mail to the licensee at his or her address of record ordering the licensee to appear in the office of the administrator on a date not less than ten (10) days after mailing the notice, and show cause why the licensee’s license and identification devices should not be revoked.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-5. Imposition of tax.

There is levied and imposed upon motor carriers a tax at the rate specified in § 31-36-7 on the use of fuel for the propulsion of qualified motor vehicles on the public highways within this state. The tax, with respect to fuel purchased instate, shall be paid at the time of purchase as provided in chapter 36 of this title. The tax, with respect to fuel purchased outside this state shall be paid when the quarterly returns required in § 31-36.1-11 are filed with the administrator.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1986, ch. 427, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-6. Bond requirement.

Notwithstanding provisions to the contrary, the tax administrator, pursuant to rules and regulations adopted by the tax administrator, in his or her discretion, may require a motor carrier to post a bond. Such bond shall be consistent with the provisions of the International Fuel Tax Agreement.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1989, ch. 44, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-7. Discharge of surety.

Any surety on a bond furnished by a motor carrier shall be discharged from any liability to the state accruing on the bond after expiration of sixty (60) days from the date which the surety shall have filed with the administrator a written request to be released and discharged, but not from liability already accrued before the expiration of the sixty (60) day period. The administrator, upon receipt of the request, shall promptly notify the motor carrier who furnished the bond in question. Unless the motor carrier, prior to the expiration of the sixty (60) day period, files a new bond satisfactory to the administrator, the administrator shall immediately revoke the motor carrier’s license and identification devices.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-8. Records.

Each motor carrier shall make available in this state and retain for a period of not less than four (4) years, any records that may be prescribed and in the manner required by the administrator or the International Fuel Tax Agreement, as are reasonably necessary to substantiate the quarterly returns required by § 31-36.1-11 . The administrator or the administrator’s agents may examine the books, papers, records, and equipment of any motor carrier during normal business hours in order to determine whether the motor fuel taxes due under this chapter are properly reported and paid. If the records required by this section are not maintained instate, the motor carrier shall either produce the records at a point instate for audit purposes, or provide transportation and reasonable substance for an auditor to audit the records at that point where the records are maintained by the motor carrier.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-9. Enforcement powers of the administrator.

  1. The administrator may, in the enforcement of this chapter, hold hearings and take testimony, and for those purposes may issue subpoenas and compel attendance of witnesses, and may conduct investigations which the administrator deems necessary.
  2. The tax administrator is authorized to avail him or herself of the services of the state police, the department of revenue, and the public utilities commission in enforcing the provisions of this chapter.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1982, ch. 307, § 1; P.L. 2008, ch. 98, § 25; P.L. 2008, ch. 145, § 25.

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>>>>>>> origin/main 31-36.1-10. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; Repealed by P.L. 2006, ch. 246, art. 22, § 1, effective June 30, 2006.

Compiler’s Notes.

Former § 31-36.1-10 concerned calculation of amount of fuel used in state.

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>>>>>>> origin/main 31-36.1-11. Return requirements.

Every motor carrier subject to the tax imposed by this chapter shall on or before the last day of April, July, October, and January of every year make to the administrator any returns of its operations during the quarter ending the last day of the preceding month that the administrator may require and any other reports from time to time that the administrator may deem necessary.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1987, ch. 118, art. 18, § 2; P.L. 1987, ch. 173, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-12. Inspection of books and records by administrator — Agreements with other jurisdictions for cooperative audits.

  1. The tax administrator and the administrator’s authorized agents and representatives may, at any reasonable time, inspect the books and records of any motor carrier subject to the tax imposed by this chapter. The administrator may enter into agreements with the appropriate authorities of other jurisdictions having statutes similar to this chapter for the cooperative audit of motor carrier reports and returns.
  2. In performing the audit or part of it, the officers and employees of the other jurisdiction or jurisdictions shall be deemed authorized agents of this state for that purpose, and the audits or parts of it shall have the same effect as similar audits or parts of them made by the division of taxation.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-13. Computation of tax by administrator.

  1. If the administrator is not satisfied with any report or return of a motor carrier subject to the tax imposed by this chapter, or with the amount of the tax to be paid by the motor carrier, the administrator may compute and assess the amount of the tax on the basis of facts contained in the report and return or on the basis of any other information available to the administrator. One or more deficiency assessments may be made with respect to any return for the tax imposed by this chapter.
  2. The amount of the deficiency assessment, exclusive of penalties, shall bear interest at the annual rate provided by § 44-1-7 , as amended, from the last day of the month succeeding the quarterly period for which the amount of any portion of it should have been returned until the date of payment.
  3. If any part of the deficiency for which a deficiency assessment is made is due to negligence or intentional disregard of the provisions of this chapter, a penalty of ten percent (10%) of the amount of the deficiency assessment shall be added to it. If any part of the deficiency for which a deficiency assessment is made is due to fraud or intent to evade the provisions of this chapter, a penalty of fifty percent (50%) of the amount of the deficiency assessment shall be added to it.
  4. The administrator shall give written notice to any motor carrier of the deficiency assessment. If the notice is served by mail, it shall be addressed to the motor carrier at the address appearing in the records of the division of taxation. Except in the case of fraud, intent to evade the provisions of this chapter, or failure to submit a return, the notice of a deficiency assessment shall be mailed within three (3) years after the last day of the month following the quarterly period for which the amount is assessed or within three (3) years after the return for the period is filed, whichever is later.
  5. If, prior to the expiration of the time prescribed in subsection (d) of this section for the mailing of the notice of a deficiency assessment, the taxpayer has consented in writing to the mailing of notice after that time, the notice may be mailed at any time prior to the expiration of the period agreed upon for the mailing. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1992, ch. 388, § 13; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-14. Average consumption.

In the absence of adequate records or other evidence satisfactory to the administrator, showing the number of miles operated by a motor carrier’s qualified motor vehicles per gallon of motor fuel, the motor vehicle shall be deemed to have consumed one gallon of motor fuel for each four (4) miles operated, as prescribed by the International Fuel Tax Agreement.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-15. Credit on tax — Refund.

  1. Every motor carrier shall be entitled to a credit on the tax equivalent to the rate per gallon of the tax in effect under chapter 36 of this title, on all motor fuel purchased by the carrier within this state for use in its operations without this state and upon which motor fuel the tax imposed by the laws of this state has been paid by the carrier. Evidence of the payment of the tax in any form that may be required by, or is satisfactory to, the state tax administrator, shall, be furnished by the carrier claiming the credit allowed in this chapter.
  2. When the amount of the credit provided in this chapter, to which any motor carrier is entitled for any quarter exceeds the amount of the tax for which the carrier is liable for the same quarter, the excess may, under the regulations of the tax administrator and the International Fuel Tax Agreement be allowed as a credit on the tax for which the carrier would be otherwise liable for any of the eight (8) succeeding quarters.
  3. The licensee shall receive, on request, a cash refund of any accumulated credits. All requests for refunds of credit balances must be filed in writing.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1986, ch. 427, § 1; P.L. 2006, ch. 246, art. 22, § 1.

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>>>>>>> origin/main 31-36.1-16. Reciprocity.

The tax administrator may enter the International Fuel Tax Agreement or other cooperative compacts or agreements with other states or jurisdictions to permit base state or base jurisdiction licensing of persons using motor fuel in this state. Those agreements may provide for the cooperation and assistance among member states in the administration and collection of motor fuel tax, including, but not limited to, exchanges of information, auditing and assessing of interstate carriers and suppliers, and any other activities necessary to further uniformity.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1994, ch. 165, § 1; P.L. 2006, ch. 246, art. 22, § 1.

Cross References.

Reciprocity agreements, § 31-7-4 .

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>>>>>>> origin/main 31-36.1-17. Penalties.

  1. Any motor carrier failing to secure or display upon demand the license or identification device required in § 31-36.1-3 , or under the International Fuel Tax Agreement shall be guilty of a civil violation and subject to a fine not exceeding: (1) eighty-five dollars ($85.00) for the first offense and (2) not exceeding one hundred dollars ($100) for subsequent offenses. Any motor carrier willfully violating any other provisions of this chapter shall be deemed guilty of a civil violation and subject to a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding five hundred dollars ($500) for subsequent offenses.
  2. Filing of a false statement to obtain credit or refund.  Any person who willfully and knowingly makes a false statement orally, in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining, attempting to obtain, or to assist any other person, partnership, or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this chapter, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or be imprisoned not more than one year, or both.
  3. Failure to file return or pay tax.  When any motor carrier fails to file a return within the time prescribed by this chapter for the filing of it or fails to pay the amount of taxes due when they are payable, a penalty of ten percent (10%) or fifty dollars ($50.00), whichever is greater, shall be added to the amount of the tax due, and the penalty shall immediately accrue, and the tax shall bear interest at the annual rate provided by § 44-1-7 , as amended, until the tax is paid. The tax administrator may waive all or part of the penalties provided in this chapter when it is proved to the tax administrator’s satisfaction that the failure to file the return or pay the taxes on time was due to reasonable cause.
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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 1986, ch. 103, § 12; P.L. 1992, ch. 388, § 13; P.L. 1996, ch. 173, § 1; P.L. 1999, ch. 218, art. 6, § 15; P.L. 2002, ch. 58, § 9; P.L. 2006, ch. 246, art. 22, § 1; P.L. 2008, ch. 100, art. 12, § 13.

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>>>>>>> origin/main Applicability.

P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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>>>>>>> origin/main 31-36.1-18. Disposition of proceeds.

All money collected under the provisions of this chapter shall be deposited in the intermodal surface transportation fund as established in § 31-36-20 .

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1; P.L. 2006, ch. 246, art. 22, § 1; P.L. 2016, ch. 142, art. 13, § 8.

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>>>>>>> origin/main 31-36.1-19. Out-of-state vehicles.

When under the laws of any other jurisdiction, any tax, license, fee, or other obligation in addition to any imposed by Rhode Island, are imposed on motor vehicles registered in Rhode Island, the same tax, license, fee, or other obligation may be imposed on vehicles from those states by Rhode Island.

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>>>>>>> origin/main History of Section. P.L. 1981, ch. 220, § 1.

Chapter 36.2 Promotion of Biofuels Act of 2011

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>>>>>>> origin/main 31-36.2-1. Short title.

This chapter shall be known and may be cited as the “Promotion of Biofuels Act of 2011.”

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>>>>>>> origin/main History of Section. P.L. 2011, ch. 379, § 1.

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>>>>>>> origin/main 31-36.2-2. Biofuels study commission established.

  1. Membership.  There is hereby established a special study commission to study the feasibility and effectiveness of various forms of incentives to promote the development and use of advanced biofuels in the state including, but not limited to: production credits, the production and harvesting of woody biomass or woody residue, feedstock incentives, and direct consumer credits for the use of advanced biofuels in various applications. Said commission shall be known as the Biofuels Study Commission and shall be comprised of fifteen (15) members: five (5) of whom shall be members of the house of representatives, not more than four (4) from the same political party, to be appointed by the speaker of the house of representatives; three (3) of whom shall be members of the senate, not more than two (2) from the same political party, to be appointed by the senate president; one of whom shall be the director of the department of environmental management, or his or her designee; one of whom shall be employed by an independent organization in the field of the environment and fuels, to be appointed by the speaker of the house; one of whom shall be the director of the office of energy resources, or his or her designee; three (3) of whom shall be employed by companies that work in and/or who themselves work in the field of advanced biofuels, to be appointed by the speaker of the house of representatives; and one of whom shall be from the University of Rhode Island cooperative extension, to be appointed by the speaker of the house of representatives.
  2. Purpose.  The purpose of the commission shall be to investigate and develop a strategy to increase the use of advanced biofuels as alternatives to conventional carbon-based fuels by the state, its agencies and political subdivisions and regional transit authorities, and also to promote the use of such fuels in all sectors of the state, both private and public. In conducting its investigation and study, the commission shall consider biofuel incentive programs in other states and the states’ relative competitiveness in the field.
  3. Information furnished.  All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the commission and its agents that is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.
  4. The commission shall report to the general assembly on the results of its investigations and study and its recommendations, if any, on or before January 23, 2012, and at least every two (2) years thereafter on its continued findings and the results of its studies, and shall make such recommendations to the general assembly as it deems advisable.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 379, § 1.

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>>>>>>> origin/main 31-36.2-3. Further study purposes of biofuels study commission.

  1. The biofuels study commission established pursuant to the provisions of this chapter shall explore the possibility of developing and entering into, to the extent possible, an agreement among those states participating in the Regional Greenhouse Gas Initiative, for the purpose of implementing a low carbon fuel standard (hereinafter referred to as “LCFS”), for transportation fuels. Provided, the commission is not authorized to, nor shall the commission enter into any form of agreement, contract, compact, memorandum of understanding, or similar document or arrangement.
  2. By way of guidance, in developing proposed agreements, such agreements should seek to provide for the following, when reasonably possible:
    1. That LCFS shall be measured on a full fuels lifecycle basis;
    2. That LCFS may be met through market-based methods by which providers exceeding the performance required by an LCFS shall receive credits that may be applied to future obligations or traded to providers not meeting the LCFS;
    3. That agreement shall establish a declining standard for greenhouse gas emissions measured in CO2-equivalent grams per unit of fuel energy sold, sufficient to achieve a ten percent (10%) reduction in the carbon content of all passenger vehicle fuels sold in participating states; and
    4. That the state shall, with the other states participating in the agreement, examine the regulations and implementation of a low carbon fuel standard in California and other states and consider ways to coordinate and issue public findings on both such matters, and if applicable, use in the agreement the life-cycle analysis methods employed by the California Air Resources Board to determine the carbon intensity of fuel. The state shall, with other states, adopt life-cycle emissions accounting standards that are consistent with the EPA’s recently revised regulations for the federal renewable fuel standard.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 379, § 1.

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>>>>>>> origin/main 31-36.2-4. Biofuels as alternatives to carbon-based fuels.

  1. In addition to the preceding provisions of this chapter, the biofuels study commission shall investigate and develop a strategy to increase the use of advanced biofuels as alternatives to conventional carbon-based fuels by the state, its agencies and political subdivisions and regional transit authorities.
  2. The commission shall develop strategies to increase the use of advanced biofuels by the state, its agencies and political subdivisions and regional transit authorities and methods to advance those strategies. Methods to be considered shall include, but not be limited to: financing mechanisms including grants, loans and other incentive programs for group procurement of advanced biofuels, vehicles using advanced biofuels and distribution infrastructure and technical assistance.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 379, § 1.

Chapter 37 Retail Sale of Gasoline

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>>>>>>> origin/main 31-37-1. Filling station license.

Every owner shall, before continuing or commencing to transact the business of operating a filling station, obtain from the tax administrator a license for each filling station operated. Applications for the licenses shall be made to the tax administrator on forms to be obtained from the administrator and the administrator, if satisfied as to the facts stated in the application, shall issue a license for the filling station, which license shall entitle the owner to continue or commence to engage in the business within the state provided the owner shall have complied with all ordinances or other local regulations respecting the location of pumps.

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History of Section. P.L. 1925, ch. 679, § 13; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 9; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-37-1 .

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History of Section.

P.L. 1925, ch. 679, § 13; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 9; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-37-1 .

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Cross References.

Definition of terms, § 31-36-1 .

Freeways, fuel and service facilities, § 24-10-5 .

Sunday business, § 5-23-3 .

Turnpike and bridge authority concessions, § 24-12-26 .

Comparative Legislation.

Gasoline sales:

Conn. Gen. Stat. § 14-318 et seq.

Mass. Ann. Laws ch. 94, § 295A et seq.

Collateral References.

Automobile insurance, omnibus clause exception relating to public garages, sales agencies, service stations, and the like. 47 A.L.R.2d 556.

Filling and service station as attractive nuisance. 23 A.L.R.2d 1160.

Gasoline inspection and tax statutes, constitutionality of. 47 A.L.R. 980; 84 A.L.R. 839; 111 A.L.R. 185.

Gasoline stations, regulations or authorization of. 18 A.L.R. 101; 29 A.L.R. 450; 34 A.L.R. 507; 42 A.L.R. 978; 49 A.L.R. 767; 55 A.L.R. 256; 79 A.L.R. 918; 96 A.L.R. 1337.

Liability of filling station operator, garageman, or the like, in connection with servicing vehicle with lubricants or fuel. 38 A.L.R.2d 1453.

Liability of garageman, service or repair station, or filling station operator for destruction or damage to motor vehicle by fire. 16 A.L.R.2d 799.

Liability of owner or operator of garage or filling station for bodily injury to nonemployees on premises. 8 A.L.R.3d 6.

Liability of owner or operator of parking lot or station for personal injuries. 38 A.L.R.3d 10; 38 A.L.R.3d 138.

Lights of gasoline stations or parking lots as actionable wrong to persons annoyed by. 5 A.L.R.2d 710; 79 A.L.R.3d 253.

Purchase or handling of petroleum products by operator of filling station as violation of restrictive covenant or agreement. 26 A.L.R.2d 219.

What constitutes adequate compliance with notice requirements, under § 104 of Petroleum Marketing Practices Act (15 USC § 2804), in connection with termination or nonrenewal of gasoline station franchise relationship. 101 A.L.R. Fed. 813.

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>>>>>>> origin/main 31-37-2. Refusal, suspension, or revocation of license.

The administrator may for cause refuse any application for a license for a filling station and may for cause suspend or revoke any license issued by the administrator under the provisions of this chapter after an opportunity for a hearing of the applicant or licensee has been afforded.

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History of Section. P.L. 1925, ch. 679, § 13; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 9; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-37-2 .

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History of Section.

P.L. 1925, ch. 679, § 13; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 9; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 31-37-2 .

>>>>>>> origin/main 31-37-3. Filling station records.

The owner of every filling station, at the filling station, shall keep a record of the number of gallons of fuels purchased, sold, and used by the owner, from whom purchased, and the date of the purchases. These records shall be preserved for three (3) years and shall be open to the inspection of the investigators and examiners of the division of taxation upon demand.

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History of Section. P.L. 1925, ch. 679, § 14; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 10; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-3 ; P.L. 1967, ch. 181, § 10.

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History of Section.

P.L. 1925, ch. 679, § 14; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 10; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-3 ; P.L. 1967, ch. 181, § 10.

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Cross References.

Gross receipts exempt from sales and use taxes, § 44-18-30 .

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>>>>>>> origin/main 31-37-4. Inspection of pumps and tanks.

The division of taxation may cause its investigators and examiners to make inspections and examinations of filling stations, pumps, measuring devices, storage tanks, and tanks on motor vehicles.

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History of Section. P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-4 .

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History of Section.

P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-4 .

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Cross References.

Inspection of gasoline-measuring devices generally, § 47-8-1 et seq.

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>>>>>>> origin/main 31-37-5. Information furnished by fuel vehicle drivers — Inspection and sampling.

The operator or driver of any vehicle used for the transportation of fuels in this state shall furnish to the tax administrator or the administrator’s agents, on request, any information relative to the transportation of fuels in this state that may be required for the proper administration of the provisions of this chapter and chapter 36 of this title. For the purpose of securing the information the agents may stop on the highways of this state any vehicle which, they have reasonable cause to believe, is used for the transportation of fuels in this state. The agents may take samples of any fuels so transported or offered for sale in this state in sufficient quantity for the purpose of making an analysis of them.

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History of Section. P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-5 .

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History of Section.

P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-5 .

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Cross References.

Testing of tank vehicles and meters, § 47-8-5 .

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>>>>>>> origin/main 31-37-6. Method of testing for quality of fuels.

All tests to determine the quality of gasoline shall be made by the materials section of the public works division in accordance with methods contained in “American Society for Testing and Materials Standard Specifications for Automotive Gasoline D-439-78”.

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History of Section. P.L. 1925, ch. 679, § 16; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-6 ; P.L. 1976, ch. 168, § 1; P.L. 1979, ch. 177, § 1.

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History of Section.

P.L. 1925, ch. 679, § 16; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-6 ; P.L. 1976, ch. 168, § 1; P.L. 1979, ch. 177, § 1.

>>>>>>> origin/main 31-37-7. Weights and measures.

It shall be unlawful for any person, firm, or corporation to give false or insufficient weight or measure in the sale of fuels or lubricating oils.

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History of Section. P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-7 ; P.L. 1976, ch. 168, § 1; P.L. 1979, ch. 177, § 1; P.L. 1983, ch. 324, § 1; P.L. 2006, ch. 71, § 1; P.L. 2006, ch. 78, § 1; P.L. 2014, ch. 1, § 1; P.L. 2014, ch. 2, § 1; P.L. 2018, ch. 37, § 1; P.L. 2018, ch. 43, § 1.

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History of Section.

P.L. 1925, ch. 679, § 16; P.L. 1929, ch. 1405, § 2; P.L. 1937, ch. 2510, § 3; G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-7 ; P.L. 1976, ch. 168, § 1; P.L. 1979, ch. 177, § 1; P.L. 1983, ch. 324, § 1; P.L. 2006, ch. 71, § 1; P.L. 2006, ch. 78, § 1; P.L. 2014, ch. 1, § 1; P.L. 2014, ch. 2, § 1; P.L. 2018, ch. 37, § 1; P.L. 2018, ch. 43, § 1.

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Compiler’s Notes.

P.L. 2014, ch. 1, § 1, and P.L. 2014, ch. 2, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 37, § 1, and P.L. 2018, ch. 43, § 1 enacted identical amendments to this section.

Cross References.

Deception in sale of fuels, § 11-18-13 et seq.

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>>>>>>> origin/main 31-37-7.1. Minimum standards for gasoline.

  1. Beginning June 1, 2007, no person shall sell, deliver for sale, import, or cause to be imported into the state for sale any gasoline containing methyl tertiary-butyl ether (MTBE) or other ether oxygenates in quantities greater than one-half of one percent (0.5%) by volume. For the purpose of this section, “other ether oxygenates” shall include the following gasoline additives: Methanol; Isopropanol; n-Propanol; N-Butonal; sec-Butanol; tert-Butanol; Tert-pentalol (tert-amylalcohol); Ethyl tert-butyl ether (ETBE); Diisopropylether (DIPE); Tertiary Butyl alcohol (TBA); Iso-butanol; and Tert-amymethylether (TAME). Nothing in this section shall prohibit the transshipment of gasoline containing the oxygenates within the state for disposition outside the state, including storage coincident to the transshipment.
  2. No person shall sell, offer for sale, deliver, or have in the person’s possession for the purpose of sale, any article or product represented as gasoline for use in internal combustion engines used in motor vehicles that does not equal the most recent version of the “American Society for Testing and Materials Standard Specification for Automotive Gasoline D-4814.”
  3. Notwithstanding any other provision of this chapter, it shall be the responsibility of the director of the department of environmental management to administer and enforce this section.
  4. Notwithstanding the provisions of § 31-37-17 , penalties for violations of this section shall be assessed pursuant to § 23-23-14 as administered by the department of environmental management. In addition, the department is hereby authorized to administer this section according to the provisions of chapter 12.1 of title 46 in conjunction with its authority relating to underground storage tanks.
  5. The director of the department of environmental management shall have the authority to temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required under this section to avoid a disruption in the supply of fuel to the state or to other states as a result of a natural disaster or other emergency. The director shall provide, in writing, the notice of waiver; the nature of the emergency; and the time frame for which the waiver shall remain in effect.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 181, § 1; P.L. 2005, ch. 291, § 1; P.L. 2018, ch. 37, § 2; P.L. 2018, ch. 43, § 2.

Compiler’s Notes.

P.L. 2018, ch. 37, § 2, and P.L. 2018, ch. 43, § 2 enacted identical amendments to this section.

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>>>>>>> origin/main 31-37-8. Peddler’s license.

Every peddler shall, before continuing or commencing to transact the business of a peddler, obtain from the division of taxation a license. Application for the license shall be made to the division of taxation on forms to be obtained from the division of taxation. The division of taxation, if satisfied as to the facts stated in the application, shall issue a license to the peddler, and it shall entitle the peddler to continue or commence to engage in the business within this state.

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History of Section. P.L. 1925, ch. 679, § 14a; P.L. 1937, ch. 2509, § 2; G.L. 1938, ch. 45, § 12; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-8 .

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History of Section.

P.L. 1925, ch. 679, § 14a; P.L. 1937, ch. 2509, § 2; G.L. 1938, ch. 45, § 12; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-8 .

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Collateral References.

Apartment house or housing development owner’s right to restrict canvassing, peddling, solicitation of contributions, etc. 3 A.L.R.2d 1431.

Construction and application of municipal ordinance prohibiting house to house soliciting and peddling without invitation. 77 A.L.R.2d 1216.

Liability of vendor or huckster attracting children to street to child injured by another automobile. 84 A.L.R.3d 826.

Regulation and licensing of correspondence schools or their canvassers or solicitors. 92 A.L.R.2d 522.

Regulation of itinerant photographers and their canvassers. 7 A.L.R.2d 422.

Validity of municipal ordinance prohibiting house to house soliciting and peddling without invitation. 35 A.L.R.2d 355.

Validity of municipal regulation of solicitation of magazine subscriptions. 9 A.L.R.2d 728.

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>>>>>>> origin/main 31-37-9. Peddler’s records of purchases and sales.

  1. Every peddler, at its principal place of business within the state of Rhode Island, shall keep a record of the number of gallons of fuels purchased, sold, and used by the peddler, from whom purchased and the date of the purchases, to whom sold and the amount and date of the sales. These records shall be preserved for three (3) years and shall be open to the inspection of the investigators and examiners of division of taxation upon demand.
  2. Every peddler shall keep, at its principal place of business, within the state of Rhode Island, for a period of three (3) years, a complete record of the purchases and sales of fuels. This record must contain the names and addresses of those from whom the peddler has purchased the fuels, and the names and addresses of those to whom the peddler has sold the fuels.
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History of Section. P.L. 1925, ch. 679, § 14a; P.L. 1937, ch. 2509, § 2; G.L. 1938, ch. 45, § 12; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-9 ; P.L. 1967, ch. 181, § 11.

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History of Section.

P.L. 1925, ch. 679, § 14a; P.L. 1937, ch. 2509, § 2; G.L. 1938, ch. 45, § 12; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-9 ; P.L. 1967, ch. 181, § 11.

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Collateral References.

Authorization, prohibition, or regulation by municipality of the sale of merchandise on streets or highways, or their use for such purpose. 14 A.L.R.3d 896.

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>>>>>>> origin/main 31-37-10. Term of licenses — Fee.

  1. Any license issued by the tax administrator to an owner for the operation of a retail filling station, or to a peddler of gasoline, shall, from the date of the issuance of the license, be and remain in full force and effect until or unless:
    1. Suspended or revoked by the tax administrator;
    2. The business with respect to which the license was issued shall change ownership; or
    3. The owner or peddler shall cease to transact the business for which the license was issued.
  2. In any of which cases the license shall expire and terminate, and its holder shall immediately return the license to the tax administrator. There shall be no fee for this license.
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History of Section. P.L. 1948, ch. 2093, § 1; P.L. 1952, ch. 3007, § 2; G.L. 1956, § 31-37-10 ; P.L. 1960, ch. 74, § 16; P.L. 2019, ch. 88, art. 3, § 4.

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History of Section.

P.L. 1948, ch. 2093, § 1; P.L. 1952, ch. 3007, § 2; G.L. 1956, § 31-37-10 ; P.L. 1960, ch. 74, § 16; P.L. 2019, ch. 88, art. 3, § 4.

>>>>>>> origin/main 31-37-11. Prices shown on pumps.

  1. Every retail dealer shall conspicuously display and maintain on each pump or other dispensing device from which motor fuel is sold by the dealer at least one sign and not more than two (2) signs stating the price per gallon and if the sale is by liter, the price per gallon and per liter of each and every motor fuel sold by the dealer from the pump or device. The sign or signs shall be of a size not larger than twenty-four inches (24") by forty-eight inches (48") and shall clearly and legibly state in numbers of uniform size the selling price or prices per gallon, and if the sale is by liter, the price or prices per gallon and per liter of such gasoline sold or offered for sale from the pump or other dispensing device.
    1. The amount of governmental tax to be collected in connection with the sale of the motor fuel shall be stated on the sign or signs separately and apart from the selling price or prices.
    2. All figures upon the signs, except fractions, shall be of the same size. Where fractions are used, the numerator and denominator of the fraction combined shall be of the same size as the whole number used on the sign, and the numerator and denominator shall be of equal size in relation to each other.
    3. All figures or numerals on each sign shall be at least two inches (2") high and all lines or marks used in the making of the figures or numerals shall be at least one-eighth inch (18") in width, and the over-all height of any figure or numeral, except the figure one, shall not be greater than three (3) times the over-all width of the figure or numeral.
    4. Any figure or fraction used in any price computing mechanism, constituting a part of the pump or dispensing device, shall not be considered a sign under the provisions of this chapter.
  2. Any retail dealer operating a full-service and self-service pump, who fails to post the signs as required by this section, shall not charge more for full service than the price listed for self-service pumps.
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History of Section. G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-11 ; P.L. 1982, ch. 394, § 1; P.L. 1984, ch. 282, § 1; P.L. 1986, ch. 211, § 1; P.L. 1987, ch. 37, § 1.

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History of Section.

G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-11 ; P.L. 1982, ch. 394, § 1; P.L. 1984, ch. 282, § 1; P.L. 1986, ch. 211, § 1; P.L. 1987, ch. 37, § 1.

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NOTES TO DECISIONS

Constitutionality.

Subsection (a)(1) is constitutional as a legitimate exercise of the police power to prevent fraud and deception. State v. Guyette, 81 R.I. 281 , 102 A.2d 446, 1954 R.I. LEXIS 79 (1954).

Collateral References.

Validity and construction of statute or ordinance requiring or prohibiting posting or other publication of price of commodity or services by automobile dealer or gasoline station or parking lot operator. 89 A.L.R.2d 914; 949; 951; 80 A.L.R.3d 740.

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>>>>>>> origin/main 31-37-12. Unauthorized signs advertising price of fuel.

No signs stating or relating to the price of motor fuel and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel other than the signs referred to in § 31-37-11 and required to be displayed upon pumps and other dispensing devices, shall be posted or displayed on or about the premises where motor fuel is sold at retail and within view of any public highway or reservation.

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History of Section. G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-12 .

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History of Section.

G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-12 .

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NOTES TO DECISIONS

Constitutionality.

Insofar as this section prohibits all signs regardless of their content, it has no relation to the prevention of fraud or deception and is unconstitutional. State v. Guyette, 81 R.I. 281 , 102 A.2d 446, 1954 R.I. LEXIS 79 (1954).

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>>>>>>> origin/main 31-37-13. Advertising statements to include taxes with price — Inclusion of all prices offered in advertisement.

  1. Any advertisement of motor fuel by a retail dealer which states, refers to, or relates to the price of motor fuel, shall state that the per gallon price includes all taxes imposed with respect to the manufacture or sale of the motor fuel, or shall state the amount of the taxes separately and apart from the selling price or prices.
  2. To provide for truth in advertising, any retail dealer of motor fuel who chooses to advertise the price of any grade or type of motor fuel, in addition to the mandatory requirements of § 31-37-11 , shall post in that advertisement (sign or otherwise) all of the prices of each and every grade or type of motor fuel offered by the dealer for sale. The numerals for every price offered for sale shall be equal in size and character.
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History of Section. G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-13 ; P.L. 1984, ch. 282, § 1.

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History of Section.

G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-13 ; P.L. 1984, ch. 282, § 1.

>>>>>>> origin/main 31-37-14. Repealed.

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History of Section. G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-14 ; Repealed by P.L. 1992, ch. 287, § 1, effective July 21, 1992.

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History of Section.

G.L. 1938, ch. 45, § 13; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-14 ; Repealed by P.L. 1992, ch. 287, § 1, effective July 21, 1992.

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Compiler’s Notes.

Former § 31-37-14 concerned the prohibition of coupons, rebates, and lotteries.

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>>>>>>> origin/main 31-37-15. Repealed.

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History of Section. G.L. 1938, ch. 45, § 14; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-15 ; Repealed by P.L. 2010, ch. 50, § 1, and by P.L. 2010, ch. 78, § 1, effective June 12, 2010.

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History of Section.

G.L. 1938, ch. 45, § 14; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-15 ; Repealed by P.L. 2010, ch. 50, § 1, and by P.L. 2010, ch. 78, § 1, effective June 12, 2010.

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Compiler’s Notes.

Former § 31-37-15 concerned aggregate price for fuel and other commodities or services.

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>>>>>>> origin/main 31-37-16. Brand names to be displayed.

All aboveground equipment for storing or dispensing motor fuel or lubricating oil operated by a retail dealer shall bear in a conspicuous place the trademark and the name of the distributor of the product stored therein or sold or dispensed therefrom. If the motor fuel or lubricating oil stored in or sold or dispensed from the aboveground equipment by a retail dealer has no brand name or trademark, the container or dispensing equipment shall have conspicuously displayed on it the name of the distributor and the words “No brand.”

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History of Section. G.L. 1938, ch. 45, § 14; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-16 .

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History of Section.

G.L. 1938, ch. 45, § 14; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-16 .

>>>>>>> origin/main 31-37-16.1. No smoking signs to be displayed.

Every retail dealer shall display and maintain on each island upon which is located a device from which motor fuel is dispensed and sold, at least one sign containing the words “no smoking.” The sign or signs shall be of a size not smaller than six inches (6") in height by eighteen inches (18") in length.

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>>>>>>> origin/main History of Section. P.L. 1974, ch. 88, § 1.

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>>>>>>> origin/main 31-37-16.2. Air pumps.

  1. Every retail dealer shall display and maintain a compressed air pump which shall be available during the hours the business is open whether the business is an attended or self service gas station. The division of motor vehicles of motor vehicles, safety and emission control unit, shall be responsible for the enforcement of this section and the bringing of complaints under § 31-37-17 .
  2. The provisions of § 31-37-18 shall apply to the division of motor vehicles, and any of its agents in the enforcement of this section.
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>>>>>>> origin/main History of Section. P.L. 1979, ch. 236, § 1; P.L. 1980, ch. 253, § 1; P.L. 1981, ch. 371, § 1; P.L. 1994, ch. 70, art. 23, § 2; P.L. 1995, ch. 303, § 1.

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>>>>>>> origin/main 31-37-16.3. Additives.

Every retail dealer shall display and maintain on at least two (2) sides of each pump or other dispensing device from which motor fuel is sold at least one sign in a conspicuous place stating the maximum percent of alcohol, greater than one percent (1%) contained in the product to the nearest whole percent. In the case of methanol blends, the maximum percentage of co-solvent contained in the motor fuel must be stated separately.

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>>>>>>> origin/main History of Section. P.L. 1985, ch. 256, § 1.

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>>>>>>> origin/main 31-37-17. Penalties for violations.

Whoever, himself or herself or by his or her agent or servant, violates any provision of this chapter, shall be punished by a fine not exceeding one thousand dollars ($1,000). Upon the second finding against any licensee of a violation, whether by himself or herself or by his or her agent or servant, the director may suspend the right of the licensee to engage in the business of selling motor fuel at retail for a period not exceeding three (3) months. Upon the third or subsequent finding against any licensee of a violation, whether by himself or herself or by his or her agent or servant, the director may suspend the right for a period not exceeding one year.

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History of Section. G.L. 1938, ch. 45, § 15; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-17 ; P.L. 1984, ch. 282, § 1; P.L. 1999, ch. 44, § 1.

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History of Section.

G.L. 1938, ch. 45, § 15; P.L. 1940, ch. 822, § 2; G.L. 1956, § 31-37-17 ; P.L. 1984, ch. 282, § 1; P.L. 1999, ch. 44, § 1.

>>>>>>> origin/main 31-37-18. Costs on prosecution of violations.

Whenever a complaint is made by the tax administrator or by any of the administrator’s agents of any violations of the provisions of this chapter or chapter 36 of this title, the administrator shall not be required to furnish surety for costs or be liable for costs on the complaint.

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History of Section. G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-18 .

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History of Section.

G.L. 1938, ch. 45, § 11; P.L. 1940, ch. 871, § 2; G.L. 1956, § 31-37-18 .

>>>>>>> origin/main 31-37-19. Ordinances controlling location of pumps.

Nothing contained in this chapter shall affect the validity of any ordinance or other local regulation respecting the location of any pump.

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History of Section. P.L. 1925, ch. 679, § 18; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 14; G.L. 1938, ch. 45, § 17; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-19 .

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History of Section.

P.L. 1925, ch. 679, § 18; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 14; G.L. 1938, ch. 45, § 17; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-19 .

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Cross References.

Location of pumps adjacent to state highway, § 24-8-20 .

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>>>>>>> origin/main 31-37-20. Severability.

If any part of this chapter or chapter 36 of this title shall be declared unconstitutional or invalid, the unconstitutionality or invalidity shall in no way affect the validity of any other portion of it which can be given reasonable effect without the part so declared unconstitutional or invalid.

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History of Section. P.L. 1925, ch. 679, § 17; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 13; G.L. 1938, ch. 45, § 16; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-20 .

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History of Section.

P.L. 1925, ch. 679, § 17; P.L. 1929, ch. 1405, § 2; G.L. 1938, ch. 45, § 13; G.L. 1938, ch. 45, § 16; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-20 .

>>>>>>> origin/main 31-37-21. Enforcement.

The tax administrator shall enforce the provisions of this chapter and chapter 36 of this title, except that the director of labor and training shall enforce the provisions of §§ 31-37-11 — 31-37-17 and §§ 11-18-13 — 11-18-18 . The department of labor and training shall cause any violation subject to its jurisdiction under this chapter to be referred to law enforcement officials in the city or town where the violation has or is occurring for prosecution.

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History of Section. P.L. 1935, ch. 2250, § 71; P.L. 1936, ch. 2336, § 2; G.L. 1938, ch. 45, § 15; P.L. 1940, ch. 871, § 2; G.L. 1938, ch. 45, § 18; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-21 ; P.L. 1984, ch. 282, § 1; P.L. 2019, ch. 88, art. 3, § 4.

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History of Section.

P.L. 1935, ch. 2250, § 71; P.L. 1936, ch. 2336, § 2; G.L. 1938, ch. 45, § 15; P.L. 1940, ch. 871, § 2; G.L. 1938, ch. 45, § 18; P.L. 1940, ch. 822, § 3; G.L. 1956, § 31-37-21 ; P.L. 1984, ch. 282, § 1; P.L. 2019, ch. 88, art. 3, § 4.

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Chapter 38 Inspection of Motor Vehicles

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>>>>>>> origin/main 31-38-1. Vehicles without required equipment or in unsafe condition — Inspection sticker for used cars for sale required.

  1. No person shall sell at retail, drive, or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer or any combination of them unless the equipment upon the vehicle is in good working order and adjustment as required in this title, and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
  2. No dealer of used vehicles, as defined by § 31-1-19(b) , shall sell at retail a used motor vehicle unless a new inspection of the vehicle conforming to the standards set pursuant to this chapter and chapter 47.1 of this title has been conducted and the vehicle has a new certificate of inspection affixed to the windshield at the time of sale, except used cars sold “for parts only” and clearly identified accordingly on the bill of sale.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1984, ch. 71, § 1; P.L. 1987, ch. 222, § 2; P.L. 1987, ch. 341, § 1; P.L. 1989, ch. 542, § 96; P.L. 1990, ch. 239, § 1; P.L. 1998, ch. 327, § 2.

Repealed Sections.

A former chapter 38, consisting of §§ 31-38-1 — 31-38-13 (P.L. 1958, ch. 149, § 1; P.L. 1960, ch. 100, § 1; P.L. 1960, ch. 181, art. 3, § 1; P.L. 1966, ch. 183, §§ 1, 2; P.L. 1972, ch. 24, § 1; P.L. 1972, ch. 87, § 1; P.L. 1973, ch. 159, § 1; P.L. 1974, ch. 218, § 1), was repealed by P.L. 1976, ch. 139, § 1, and P.L. 1976, ch. 139, § 2, enacted a new chapter.

A former chapter 38, consisting of §§ 31-38-1 to 31-38-9 (P.L. 1976, ch. 139, § 2), was repealed by P.L. 1977, ch. 14, § 1, and P.L. 1977, ch. 14, § 2, enacted the present chapter.

Comparative Legislation.

Inspections:

Mass. Ann. Laws ch. 90, § 7A.

Collateral References.

Effect of violation of safety equipment statute as establishing negligence in automobile accident litigation. 38 A.L.R.3d 530.

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>>>>>>> origin/main 31-38-2. Inspection by any proper officer.

  1. The director of the department of revenue, members of the state and local police, and any other officers and employees of the division of motor vehicles as the director of the department of revenue may designate, may at any time require the seller at retail or driver of the vehicle to stop and submit the vehicle to an inspection and test with reference to it as may be appropriate.
  2. In the event the vehicle is found to be in unsafe condition or any required part or equipment is not in proper repair and adjustment, the officer shall give a written notice to the seller at retail or driver and shall send a copy to the director of the department of revenue. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference to it, and that the notice be approved within five (5) days.
  3. The director of the department of revenue, or the director’s designee, upon written notice, may require the seller at retail, owner, or driver to submit the vehicle to the state inspection facility for inspection. If the notice is not complied with, the director may suspend the registration of the vehicle described in the notice.
  4. If three (3) notices are issued in a twelve (12) month period for any motor vehicle for the same or substantially the same unsafe condition or required part or equipment not being in proper repair and adjustment, the director shall suspend the registration of the vehicle described in the notice, and the owner shall be subject for each violation to fines enumerated in § 31-41.4-4.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26; P.L. 2008, ch. 249, § 2; P.L. 2008, ch. 311, § 2.

Collateral References.

Liability for negligence in carrying out governmentally required inspection of motor vehicle. 70 A.L.R.3d 1239.

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>>>>>>> origin/main 31-38-3. Owners and drivers to comply with inspection laws.

  1. No seller at retail or person driving a vehicle shall refuse to submit the vehicle to an inspection and test as required by § 31-38-2 .
  2. Every seller at retail, owner, or driver, upon receiving a notice as provided in § 31-38-2 , shall comply with it and shall within five (5) days forward the approved notice to the department of revenue. In the event of noncompliance with this subsection, the vehicle shall not be operated on any highways of this state.
  3. Any vehicle which is found to be in such unsafe condition as to the brakes, steering, or other equipment as to be hazardous to permit it to be sold or driven from the place of inspection, then the vehicle shall not be permitted to be operated under its own power. The registration shall be immediately suspended by the department of revenue and the plates and certificates immediately returned to the department of revenue.
  4. In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the seller at retail or owner of the vehicle may obtain the repair or adjustment at any place he or she may choose, but in every event an approval shall be obtained, otherwise the vehicle shall not be operated upon the highways of this state.
  5. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2002, ch. 292, § 125; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-4. Director of department of revenue to require periodic inspection.

    1. The director of revenue shall at least once each year, but not more frequently than twice each year, or on the schedule defined pursuant to chapter 47.1 of this title require that every vehicle, trailer, semitrailer, and pole trailer registered in this state or upon a retail seller’s premise, be inspected and that an official certificate of inspection and approval be obtained for the vehicle, provided, that the director of revenue shall require the first inspection of any new motor vehicle within two (2) years from the date of purchase or before the vehicle accumulates twenty-four thousand (24,000) miles whichever occurs first.
    2. The inspections shall be made and the certificates obtained with respect to the mechanism, brakes, and equipment of the vehicle as shall be designated by the director of department of revenue.
    3. The director of the department of revenue is authorized to make necessary rules and regulations for the administration and enforcement of this chapter including, but not limited to, upgraded standards of operation and standards for mechanical testing equipment, and to designate any period or periods of time during which sellers at retail and owners of any vehicles, subject to this chapter, shall display upon the vehicles certificates of inspection and approval, or shall produce these certificates upon demand of any proper officer or employee of the department of revenue designated by the director of the department of revenue. In addition, the director shall require each inspection facility to file a copy of their active garage keeper’s legal liability insurance policy and maintain a minimum of twenty-five thousand dollars ($25,000) liability coverage. Said coverage shall be purchased for the purpose of insuring against any damage sustained to a vehicle while under the control of the inspection facility.
  2. The director of the department of revenue may authorize the acceptance in this state of a certificate of inspection and approval issued in another state having an inspection law similar to this chapter, and may extend the time within which a certificate shall be obtained.
  3. The director of the department of revenue, or the director’s designee, may suspend the registration of any vehicle which he or she determines is in such unsafe condition as to constitute a menace to safety, or which, after notice and demand, is not equipped as required in this chapter or for which a required certificate of inspection and approval has not been obtained.
  4. The director of the department of revenue shall provide for a staggered inspection system by regulations.
  5. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1984, ch. 186, § 1; P.L. 1993, ch. 254, § 2; P.L. 1998, ch. 327, § 2; P.L. 2000, ch. 109, § 43; P.L. 2002, ch. 292, § 125; P.L. 2005, ch. 46, § 1; P.L. 2005, ch. 57, § 1; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-5. Inspection of vehicles purchased outside the state.

When a motor vehicle is purchased out of state by a resident of this state, the owner of the vehicle shall have five (5) business days from the date of registering the vehicle to obtain a certificate of inspection as required by the provisions of this chapter.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2.

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>>>>>>> origin/main 31-38-6. Appointment of official inspection stations.

  1. For the purpose of making inspections and issuing official certificates of inspection and approval as provided in this chapter, the director of the department of revenue, or the director’s designee, shall issue permits for and furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as required in this chapter and the issuance of official certificates of inspection and approval. There shall be a separate permit required to inspect all trailers or semi-trailers used to transport horses or other livestock, irrespective of the registered gross weight of the trailers and semi-trailers.
  2. Application for the permit set forth in subsection (a) of this section shall be made upon an official form and shall be granted only when the director of the department of revenue or the director’s designee, is satisfied that the station is properly equipped and has competent personnel to make the inspections and adjustments, and will be properly conducted. The director of the department of revenue, or the director’s designee, before issuing a permit may require the applicant to file a bond conditioned that it will make compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the applicant or its employees.
  3. The director of the department of revenue, or the director’s designee, shall properly supervise and cause inspections to be made of the stations and shall suspend or revoke and require the surrender of the permit issued to a station which he or she finds is not properly equipped or has violated any of the conditions of his or her permit of inspection. The director of the department of revenue, or the director’s designee, shall maintain and post at the department of revenue lists of all stations holding permits and of those whose permits have been suspended or revoked.
  4. The permits shall be issued for a period of one year and upon payment to the director of the department of revenue of a fee of twenty-five dollars ($25.00) annually, and the monies received shall be turned over to the general treasurer to be deposited in the general funds of the state.
  5. The director of the department of revenue, or the director’s designee, shall issue a duplicate permit upon the payment of a fee of one dollar ($1.00) if one is requested by the owner of the official station who states in writing that the original was lost, destroyed, or stolen.
  6. Any person who has been issued a permit under this section and conducts inspections of vehicles subject to an emission inspection pursuant to chapter 47.1 of this title must also have been authorized to conduct motor vehicle emissions inspections and must conduct both inspections simultaneously.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1996, ch. 389, § 1; P.L. 1998, ch. 327, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-7. Operation of official stations.

  1. No permit for an official station shall be assigned or transferred or used at any location other than designated in it, and the permit shall be posted in a conspicuous place at the designated location.
  2. The state-certified person operating an official inspection station shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspection of the vehicle and determining that its equipment required under the provisions of this chapter is in good condition and proper adjustment, otherwise, no certificate shall be issued. A record and report shall be made of every inspection and every certificate issued. The records shall be kept available for review by those employees of the department of revenue that the director may designate.
  3. The following fees shall be charged for inspection and issuance of certificate of inspection and approval:
    1. For every vehicle with a registered gross weight of not more than eight thousand five hundred pounds (8,500 lbs.), the fee shall be included with the fee charged pursuant to § 31-47.1-11 ;
    2. For every vehicle of a registered gross weight of more than eight thousand five hundred pounds (8,500 lbs.) or more, except trailers, fifteen dollars ($15.00);
    3. For every motorcycle and electrically powered vehicle, eleven dollars ($11.00);
    4. For every trailer or semi-trailer with a registered gross weight of more than one thousand pounds (1,000 lbs.), eleven dollars ($11.00); and
    5. Provided, that for the inspection of vehicles used for the transportation of persons for hire, as provided in § 31-22-12 , and subject to an inspection pursuant to chapter 47.1 of this title, the fee shall be included with the fee charged pursuant to § 31-47.1-11 .
  4. The director of the department of revenue may establish a state inspection facility at which any motor vehicle may be reinspected at no cost to the owner. The state inspection facility may inspect all public conveyance vehicles or these inspections may be otherwise provided for by the director, or any other vehicles which, in the opinion of the director of revenue, or his or her designee, require specific testing to ensure for the health and safety of the general public.
  5. Any other inspections or activities which may be required to be performed at a state inspection facility may be performed at any official inspection station if determined by the director.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1989, ch. 97, § 1; P.L. 1990, ch. 13, § 5; P.L. 1993, ch. 138, art. 44, § 2; P.L. 1994, ch. 70, art. 23, § 3; P.L. 1996, ch. 389, § 1; P.L. 1998, ch. 327, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26; P.L. 2019, ch. 88, art. 4, § 7.

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>>>>>>> origin/main 31-38-8. Improper representation as official station.

  1. No person shall in any manner represent any place as an official inspection station unless the station is operating under a valid permit issued by the director of the department of revenue or the director’s designee.
  2. No person other than a state certified employee of an inspection station shall issue a certificate of inspection and approval.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-9. False certificates.

  1. No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of inspection.
  2. No person shall display or cause or permit to be displayed, upon any vehicle any certificate of inspection and approval knowing the certificate to be fictitious or issued for another vehicle or issued without an inspection having been made.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2.

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>>>>>>> origin/main 31-38-10. Grounds for denial, suspension, or revocation of permit.

The director may deny an application for a permit or suspend or revoke a permit after it has been granted for any of the following reasons:

  1. On proof of unfitness of the applicant to do business as a motor vehicle inspection station;
  2. For any misstatement by the applicant in the application for the permit;
  3. For any failure to comply with the provisions of this section or with any rule or regulation promulgated by the director of the department of revenue;
  4. For defrauding any customer;
  5. For dismantling any vehicle for repair without the authorization of the owner;
  6. For refusal to surrender any vehicle to its owner upon tender of payment of the proper charges for towing and/or work done on the vehicle;
  7. For having indulged in any unconscionable practice relating to the business as a motor vehicle inspection station;
  8. For willful failure to perform work as contracted for;
  9. For failure to comply with the safety standards of the industry;
  10. For failure to properly equip and/or conduct the inspection station;
  11. For failure to pay the required fees as provided in this chapter;
  12. For providing an inspection sticker to a motor vehicle which is equipped with a sunscreening device which does not comply with the provisions of chapter 23.3 of this title.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1993, ch. 250, § 2; P.L. 1993, ch. 408, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-11. Penalty for violation.

Any person violating any of the provisions of §§ 31-38-1 — 31-38-1 0 of this chapter, or of the rules and regulations established by the director of the department of revenue as provided in this chapter, shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than thirty (30) days or by both a fine and imprisonment. The director of the department of revenue shall revoke the permit of any inspection station who shall be convicted more than once for violations.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-12. Fee for inspection certificates.

  1. The director of the department of revenue, or his or her designee, shall collect a fee of four dollars ($4.00) for each certificate of inspection issued, and the monies received shall be turned over to the general treasurer to be deposited in the general funds of the state.
  2. Unused inspection stickers purchased by inspection stations shall be re-purchased by the state if returned in good condition to the director of the department of revenue or his or her designee within three (3) months of the inspection year for which the sticker was issued.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1989, ch. 97, § 1; P.L. 1990, ch. 13, § 5; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-13. Fleet operators.

Every person who shall provide maintenance facilities for the servicing of vehicles used in his or her business, except licensed motor vehicle dealers, which facilities shall be approved by the director of the department of revenue, and shall maintain any records and follow any procedures that shall be established by the director, shall be qualified as an official inspection station for the vehicles. The person shall not issue inspection certificates for any vehicle not used in the operation of the business.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-14. Vehicles exempt from inspections.

  1. The following vehicles shall be exempt from inspections:
    1. All trailers or semi-trailers having a gross weight of one thousand pounds (1,000 lbs.) or less;
    2. Any special mobile equipment which is not required to be registered; and
    3. Vehicles that are limited in their scope of operation as determined by the director of the department of revenue.
  2. The exemption in this section does not relieve the owner of the vehicle from the obligation of having a safe vehicle on the public highways.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-15. [Repealed.]

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1981, ch. 349, § 1; P.L. 2001, ch. 180, § 68; P.L. 2006, ch. 14, § 5; P.L. 2006, ch. 16, § 5; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26; Repealed by P.L. 2019, ch. 88, art. 4, § 8, effective July 5, 2019.

Compiler’s Notes.

Former § 31-38-15 concerned motor vehicle inspection commission.

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>>>>>>> origin/main 31-38-16. [Repealed.]

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; Repealed by P.L. 2019, ch. 88, art. 4, § 8, effective July 5, 2019.

Compiler’s Notes.

Former § 31-38-16 concerned meetings and compensation.

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>>>>>>> origin/main 31-38-17. Procedure for a review of an order of the director of revenue.

  1. Any person aggrieved by an order of the director of revenue pertaining to either a suspension, revocation, or denial of an application for a permit may appeal from the order of the director by filing a notice of request for review of the director’s order with the sixth division of the district court pursuant to the procedures set forth in § 42-35-15 .
  2. The filing of a petition to review shall not operate as a stay of the order of the director of revenue and the order shall remain in full force and effect during the pendency of the review.
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 1992, ch. 453, § 12; P.L. 1999, ch. 218, art. 5, § 14; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

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>>>>>>> origin/main 31-38-18. Conduct of hearings.

The director of the department of revenue shall hold and conduct hearings in accordance with § 31-38-17 . These hearings shall be governed by rules to be adopted by the director of the department of revenue, and the director of the department of revenue shall not be bound by technical rules of evidence. The director of the department of revenue may subpoena witnesses and require the producing of documental evidence in order to make decisions affecting the interest of the motor vehicle inspection owner and/or operator.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2019, ch. 88, art. 4, § 7.

Cross References.

Taped record of hearing, § 31-2-21 .

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>>>>>>> origin/main 31-38-19. Severability.

The provisions of this chapter will be severable and if any of the provisions shall be held to be invalid the decision of the court respecting the provision or provisions shall not affect the validity of any other provision which can be given effect without the invalid provision.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2.

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>>>>>>> origin/main 31-38-20. Appropriations and disbursements.

The general assembly shall annually appropriate, out of any money not otherwise appropriated, any sums that it may deem necessary for the purpose of this chapter. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it that may be required from time to time, upon receipt by him or her of properly authenticated vouchers approved by the director of the department of revenue.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 14, § 2; P.L. 2008, ch. 98, § 26; P.L. 2008, ch. 145, § 26.

Chapter 39 Auto Wrecking and Salvage Yards [Repealed.]

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>>>>>>> origin/main 31-39-1 — 31-39-22. Repealed.

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History of Section. P.L. 1967, ch. 213, § 3; P.L. 1972, ch. 203, § 1; P.L. 1979, ch. 349, §§ 3, 5; Repealed by P.L. 1980, ch. 225, § 3. For present comparable provisions, see § 42-14.2-1 et seq.

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History of Section.

P.L. 1967, ch. 213, § 3; P.L. 1972, ch. 203, § 1; P.L. 1979, ch. 349, §§ 3, 5; Repealed by P.L. 1980, ch. 225, § 3. For present comparable provisions, see § 42-14.2-1 et seq.

>>>>>>> origin/main

Chapter 40 Habitual Offenders

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>>>>>>> origin/main 31-40-1. Declaration of policy.

It is declared to be the policy of Rhode Island:

  1. To provide maximum safety for all persons who travel or otherwise use the public highways of the state;
  2. To deny the privilege of operating motor vehicles on the highways to persons who, by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state of Rhode Island, the orders of its courts, and the statutorily required acts of its administrative agencies; and
  3. To discourage the repetition of criminal acts by individuals against the peace and dignity of the state of Rhode Island and its political subdivisions, and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual offenders who have been convicted repeatedly of violations of traffic laws.
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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1.

Comparative Legislation.

Habitual traffic offenders:

Mass. Ann. Laws ch. 90, § 22F.

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>>>>>>> origin/main 31-40-2. “Habitual offender” defined.

An “habitual offender” is any person, resident or nonresident, whose record, as maintained in the office of the division of motor vehicles, shows that the person has accumulated the convictions, or findings of delinquency or waywardness in the case of juveniles, for separate and distinct offenses, described in subdivisions (1), (2), and (3) of this section, committed within a three (3) year period, provided that where more than one included offense shall be committed within a six (6) hour period the multiple offenses shall, on the first occasion, be treated for the purposes of this article as one offense, provided the person charged has no record of prior offenses chargeable under this article, and provided further that the date of the offense most recently committed occurs within three (3) years of the date of all other offenses the conviction for which is included in subdivision (1), (2), or (3) of this section as follows:

  1. Three (3) or more convictions, or findings of delinquency or waywardness in the case of a juvenile, singularly or in combination, of the following separate and distinct offenses arising out of separate acts:
    1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
    2. Driving or operating a motor vehicle while under the influence of liquor or drugs in violation of § 31-27-2 ;
    3. Driving a motor vehicle while his or her license, permit, or privilege to drive a motor vehicle has been suspended or revoked in violation of § 31-27-2 .1 or chapter 11 of this title;
    4. Willfully operating a motor vehicle without a license;
    5. Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of the laws;
    6. Any offense punishable as a felony under the motor vehicle laws of Rhode Island or any felony in the commission of which a motor vehicle is used;
    7. Failure of the driver of a motor vehicle involved in an accident resulting in the death or injury of any person to stop close to the scene of the accident and report his or her identity in violation of § 31-26-1 ; or
    8. Failure of the driver of a motor vehicle involved in an accident resulting only in damage to an attended or unattended vehicle or other property in excess of one hundred fifty dollars ($150) to stop close to the scene of the accident and report his or her identity or otherwise report the accident.
  2. Six (6) or more convictions, or findings of delinquency or waywardness in the case of a juvenile, of separate and distinct offenses, singularly or in combination, in the operation of a motor vehicle which are required to be reported to the division of motor vehicles and the commission of which requires the division of motor vehicles or authorizes a court to suspend or revoke the privilege to operate motor vehicles on the highways of this state for a period of thirty (30) days or more, and the convictions shall include those offenses enumerated in paragraph (1)(ii) of this section when taken with and added to those offenses described in this section.
  3. The offenses included in subdivisions (1) and (2) of this section shall be deemed to include offenses under any valid town or city ordinance paralleling and substantially conforming to the state statutory provisions cited in subdivisions (1) and (2) of this section and all changes in or amendments of them, and any federal law, and law of another state or any valid town, city, or county ordinance of another state substantially conforming to those statutory provisions.
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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1; P.L. 1974, ch. 219, § 1; P.L. 2000, ch. 109, § 44.

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>>>>>>> origin/main 31-40-3. Transcript or abstract of conviction record.

The administrator of the division of motor vehicles shall certify three (3) transcripts or abstracts of the conviction record as maintained in the office of the division of motor vehicles of any person whose record brings him or her within the definition of an habitual offender, as defined in § 31-40-2 , to the attorney general. The transcript or abstract shall be prima facie evidence that the person named in it was duly convicted or found delinquent or wayward in the case of a juvenile, by the court wherein the conviction or finding was made, of each offense shown by the transcript or abstract. If the person shall deny any of the facts as stated in it, he or she shall have the burden of proving that the fact is untrue.

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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1.

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>>>>>>> origin/main 31-40-4. Complaint to be filed by attorney general.

The attorney general upon receiving the habitual offender transcripts or abstracts from the administrator of the division of motor vehicles shall immediately file a complaint against the person named in it in the district court having jurisdiction of criminal offenses in the city or town in which the person resides. In the event the person is a nonresident of this state, the attorney general shall file a complaint against the accused person in the district court of the sixth judicial district.

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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1.

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>>>>>>> origin/main 31-40-5. Show cause order — Service — Procedure where conviction denied.

  1. The court in which the complaint is filed shall enter an order, which incorporates the habitual offender transcript or abstract and is directed to the person named in it, to show cause why he or she should not be barred from operating a motor vehicle on the highways of this state. A copy of the show cause order and the transcript or abstract shall be served on the person named in it in the manner prescribed by law for the service of a complaint. Service on any nonresident of this state may be made on the administrator of the division of motor vehicles in the same manner as in any action or proceeding arising out of a collision on the highways of this state.
  2. If the person denies having been convicted, or in the case of a juvenile denies that he or she was found delinquent or wayward, of any offense necessary for a holding that he or she is an habitual offender, and if the court cannot, on the evidence available to it, make the determination, the court may certify the decision of the issue to the court in which the conviction or finding of delinquency or waywardness was made. The court to which the certification is made shall immediately conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the court in which the complaint was filed.
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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1.

Cross References.

Service on nonresident operators, § 31-7-7 .

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>>>>>>> origin/main 31-40-6. Order of court.

If the court finds that the person is not the same person named in the habitual offender transcript or abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. But if the court finds that the person is the person named in the habitual offender transcript or abstract and that the person is an habitual offender, the court shall find and by appropriate order direct the person not to operate a motor vehicle on the highways of the state of Rhode Island, and to surrender to the court all licenses or permits to operate a motor vehicle on the highways of this state. The clerk of the court shall file with the division of motor vehicles a copy of the order which shall become a part of the permanent records of the division of motor vehicles.

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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1.

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>>>>>>> origin/main 31-40-7. Period during which habitual offender not to be licensed.

No license to operate motor vehicles in Rhode Island shall be reissued to an habitual offender, subsequent to an order of the court as provided in § 31-40-6 :

  1. For a period of not less than one year nor more than five (5) years from the date of the order of the court finding the person to be an habitual offender; and
  2. Until the privilege of the person to operate a motor vehicle in this state has been restored by an order of the court of record entered in a proceeding as provided in this chapter.
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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1; P.L. 1978, ch. 173, § 1.

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>>>>>>> origin/main 31-40-8. Operation of motor vehicle by habitual offender prohibited — Penalty — Enforcement of section.

  1. It shall be unlawful for any person to operate any motor vehicle in this state while the order of the court prohibiting the operation is in effect. The operation may be punished by imprisonment of not more than five (5) years. No portion of the sentence shall be suspended or deferred, except that in cases where the operation is necessitated in situations of apparent extreme emergency which require the operation to save life or limb, the sentence, or any part of it may be suspended or deferred.
  2. For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his or her license, permit, or privilege to drive is suspended or revoked, or who is charged with driving without a license, the court before hearing the charge shall determine whether the person has been held an habitual offender and by reason of the holding, is barred from operating a motor vehicle on the highways of this state.
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>>>>>>> origin/main History of Section. P.L. 1970, ch. 77, § 1; P.L. 1974, ch. 219, § 2.

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>>>>>>> origin/main 31-40-9. Restoration of privilege of operating motor vehicle.

At the expiration of the time of suspension set by the court under § 31-40-7 after the date of any final order of a court entered under the provisions of this chapter, finding a person to be an habitual offender and directing him or her not to operate a motor vehicle in this state, the person may petition that court, or any district court having criminal jurisdiction in the political subdivision in which the person then resides, for restoration of his or her privilege to operate a motor vehicle in this state. Upon the petition, and for good cause shown, the court may, in its discretion, restore to the person the privilege to operate a motor vehicle in this state upon any terms and conditions that the court may prescribe, subject to other provisions of law relating to the issuance of operators’ or chauffeurs’ licenses.

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History of Section. P.L. 1970, ch. 77, § 1; P.L. 1982, ch. 224, § 1.

31-40-10. Appeals.

An appeal may be had from any final action or order of a court entered under the provisions of this chapter in the same manner and form as such an appeal would be claimed and adjudicated in any criminal case.

History of Section. P.L. 1970, ch. 77, § 1.

31-40-11. Construction of chapter.

Nothing in this chapter shall be construed as amending, modifying, or repealing any existing law of Rhode Island or any existing ordinance of any city or town relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles, or providing penalties for the violation of provisions regarding them, or shall be construed to preclude the exercise of the regulatory powers of any division, agency, department, or political subdivision of the state having the statutory power to regulate this operation and licensing.

History of Section. P.L. 1970, ch. 77, § 1.

31-40-12. Authority of administrator of the division of motor vehicles.

Nothing in this chapter shall be construed as limiting, modifying, or reducing the authority of the administrator of the division of motor vehicles in any way, and nothing contained in this chapter shall be construed as affecting any of the provisions of chapter 11 of this title entitled “Suspension or revocation of licenses — Violations,” or as affecting the provisions of § 31-27-2.1 .

History of Section. P.L. 1970, ch. 77, § 1.

31-40-13. Short title.

This chapter shall be known and may be cited as the “Rhode Island Habitual Offender Act”.

History of Section. P.L. 1970, ch. 77, § 1.

Chapter 41 Administrative Payment of Certain Traffic Offenses [Repealed.]

31-41-1 — 31-41-6. Repealed.

History of Section. P.L. 1970, ch. 147, § 1; P.L. 1971, ch. 177, §§ 1, 3; P.L. 1975, ch. 78, § 1; P.L. 1975, ch. 177, § 1; P.L. 1976, ch. 77, § 1; P.L. 1978, ch. 217, § 3; P.L. 1978, ch. 383, § 2; P.L. 1978, ch. 385, § 1; P.L. 1978, ch. 386, § 2; P.L. 1979, ch. 189, §§ 2, 3; P.L. 1980, ch. 143, § 3; P.L. 1980, ch. 159, § 2; P.L. 1980, ch. 267, § 3; P.L. 1982, ch. 326, § 2; P.L. 1984, ch. 161, § 3; P.L. 1984, ch. 228, § 1; P.L. 1984, ch. 254, § 1; P.L. 1985, ch. 150, § 40; P.L. 1986, ch. 336, § 1; P.L. 1986, ch. 344, § 3; P.L. 1986, ch. 403, § 1; P.L. 1986, ch. 541, § 2; P.L. 1987, ch. 228, § 1; P.L. 1987, ch. 375, § 3; P.L. 1988, ch. 88, § 1; P.L. 1988, ch. 569, § 2; P.L. 1989, ch. 72, § 2; P.L. 1989, ch. 486, § 2; P.L 1989, ch. 542, § 86; P.L. 1990, ch. 65, art. 57, § 3; P.L. 1990, ch. 322, § 4; P.L. 1991, ch. 303, § 3; P.L. 1992, ch. 364, § 2; P.L. 1992, ch. 488, § 2; P.L. 1994, ch. 134, § 20; P.L. 1996, ch. 150, § 1; P.L. 1998, ch. 36, § 2; Repealed by P.L. 1999, ch. 218, art. 2, § 1, effective July 1, 1999, except for § 31-41-4, which was repealed effective October 1, 1999.

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History of Section.

P.L. 1970, ch. 77, § 1; P.L. 1982, ch. 224, § 1.

31-40-10. Appeals.

An appeal may be had from any final action or order of a court entered under the provisions of this chapter in the same manner and form as such an appeal would be claimed and adjudicated in any criminal case.

History of Section.

P.L. 1970, ch. 77, § 1.

31-40-11. Construction of chapter.

Nothing in this chapter shall be construed as amending, modifying, or repealing any existing law of Rhode Island or any existing ordinance of any city or town relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles, or providing penalties for the violation of provisions regarding them, or shall be construed to preclude the exercise of the regulatory powers of any division, agency, department, or political subdivision of the state having the statutory power to regulate this operation and licensing.

History of Section.

P.L. 1970, ch. 77, § 1.

31-40-12. Authority of administrator of the division of motor vehicles.

Nothing in this chapter shall be construed as limiting, modifying, or reducing the authority of the administrator of the division of motor vehicles in any way, and nothing contained in this chapter shall be construed as affecting any of the provisions of chapter 11 of this title entitled “Suspension or revocation of licenses — Violations,” or as affecting the provisions of § 31-27-2.1 .

History of Section.

P.L. 1970, ch. 77, § 1.

31-40-13. Short title.

This chapter shall be known and may be cited as the “Rhode Island Habitual Offender Act”.

History of Section.

P.L. 1970, ch. 77, § 1.

Chapter 41 Administrative Payment of Certain Traffic Offenses [Repealed.]

31-41-1 — 31-41-6. Repealed.

History of Section.

P.L. 1970, ch. 147, § 1; P.L. 1971, ch. 177, §§ 1, 3; P.L. 1975, ch. 78, § 1; P.L. 1975, ch. 177, § 1; P.L. 1976, ch. 77, § 1; P.L. 1978, ch. 217, § 3; P.L. 1978, ch. 383, § 2; P.L. 1978, ch. 385, § 1; P.L. 1978, ch. 386, § 2; P.L. 1979, ch. 189, §§ 2, 3; P.L. 1980, ch. 143, § 3; P.L. 1980, ch. 159, § 2; P.L. 1980, ch. 267, § 3; P.L. 1982, ch. 326, § 2; P.L. 1984, ch. 161, § 3; P.L. 1984, ch. 228, § 1; P.L. 1984, ch. 254, § 1; P.L. 1985, ch. 150, § 40; P.L. 1986, ch. 336, § 1; P.L. 1986, ch. 344, § 3; P.L. 1986, ch. 403, § 1; P.L. 1986, ch. 541, § 2; P.L. 1987, ch. 228, § 1; P.L. 1987, ch. 375, § 3; P.L. 1988, ch. 88, § 1; P.L. 1988, ch. 569, § 2; P.L. 1989, ch. 72, § 2; P.L. 1989, ch. 486, § 2; P.L 1989, ch. 542, § 86; P.L. 1990, ch. 65, art. 57, § 3; P.L. 1990, ch. 322, § 4; P.L. 1991, ch. 303, § 3; P.L. 1992, ch. 364, § 2; P.L. 1992, ch. 488, § 2; P.L. 1994, ch. 134, § 20; P.L. 1996, ch. 150, § 1; P.L. 1998, ch. 36, § 2; Repealed by P.L. 1999, ch. 218, art. 2, § 1, effective July 1, 1999, except for § 31-41-4, which was repealed effective October 1, 1999.

>>>>>>> origin/main Compiler’s Notes.

Former §§ 31-41-1 — 31-41-6 concerned administrative payment of certain traffic offenses.

Section 31-41-4 was also amended by P.L. 1999, ch. 83, § 74, and P.L. 1999, ch. 130, § 74, but since the section was repealed those amendments were not set out.

P.L. 1999, ch. 452, § 1, provides that the repeal of § 31-41-4 by P.L. 1999, ch. 218, art. 2, § 1, and the enactment of § 31-41.1-4 by P.L. 1999, ch. 218, art. 3, § 1, shall take effect October 1, 1999.

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Chapter 41.1 Adjudication of Traffic Offenses

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>>>>>>> origin/main 31-41.1-1. Form of summons.

  1. The summons and complaint to be issued to an offending operator shall contain any information, and be in any form that may be required by the rules of procedure promulgated by the chief magistrate of the traffic tribunal. Every summons shall provide notice of: <<<<<<< HEAD
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      1. The charge or charges against the operator; and
      2. A date to appear in the traffic tribunal and answer the charges against him or her.
    1. The form for the summons and complaint authorized by this section shall be used for all violations specified in §§ 8-8.2-2 , 8-18-3 and 8-18-9 . The summons may be the same as the summons provided for in § 31-27-12 . The chief executive officer of each local police force which is required to use the summons and complaint provided for in this chapter shall prepare or cause to be prepared any records and reports that may be prescribed by the rules of the traffic tribunal.
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    History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2008, ch. 1, § 12; P.L. 2010, ch. 239, § 30.

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History of Section.

P.L. 1999, ch. 218, art. 3, § 1; P.L. 2008, ch. 1, § 12; P.L. 2010, ch. 239, § 30.

>>>>>>> origin/main 31-41.1-2. Payment without personal appearance.

Any member of the state police, or any member of the police department of any city or town and any other duly authorized law enforcement officer who charges any person with an offense as set out in § 31-41.1-4 shall, in addition to issuing a summons for the offense, provide the offending operator with a form which will allow the offender to dispose of the charge without the necessity of personally appearing before the traffic tribunal. This section shall apply to resident and nonresident operators.

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History of Section. P.L. 1999, ch. 218, art. 3, § 1.

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History of Section.

P.L. 1999, ch. 218, art. 3, § 1.

>>>>>>> origin/main 31-41.1-3. Method of payment.

If the offending operator elects to dispose of the charge without personally appearing before the traffic tribunal, he or she shall execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from the date of the summons, either by mailing or delivering the form and summons, to the violation section of the traffic tribunal, or to its designee, together with a check or money order in the amount indicated by the fine schedule on the form in addition to any technology surcharge applied by the traffic tribunal assessed in accordance with § 8-15-11 .

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History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2014, ch. 34, § 9; P.L. 2014, ch. 42, § 9.

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History of Section.

P.L. 1999, ch. 218, art. 3, § 1; P.L. 2014, ch. 34, § 9; P.L. 2014, ch. 42, § 9.

>>>>>>> origin/main Compiler’s Notes.

P.L. 2014, ch. 34, § 9, and P.L. 2014, ch. 42, § 9 enacted identical amendments to this section.

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>>>>>>> origin/main 31-41.1-3.1. Mandatory court appearances.

  1. Notwithstanding the provisions of §§ 31-41.1-2 or 31-41.1-3 , any person who receives a third (3rd) summons after two (2) guilty adjudications for traffic offenses within twelve-month (12) period of time cannot plea or dispose of the charge by mail, but must appear in person before a judge at the traffic tribunal or municipal court. All parking ticket summons or adjudications shall be exempt from this section.
  2. The preceding twelve-month (12) period shall be calculated from the date of the issuance of the third (3rd) summons, after the preceding two (2) adjudications.
<<<<<<< HEAD

History of Section. P.L. 2011, ch. 355, § 1; P.L. 2011, ch. 373, § 1; P.L. 2014, ch. 232, § 1; P.L. 2014, ch. 290, § 1.

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History of Section.

P.L. 2011, ch. 355, § 1; P.L. 2011, ch. 373, § 1; P.L. 2014, ch. 232, § 1; P.L. 2014, ch. 290, § 1.

>>>>>>> origin/main Compiler’s Notes.

P.L. 2011, ch. 355, § 1, and P.L. 2011, ch. 373, § 1 enacted identical versions of this section.

P.L. 2014, ch. 232, § 1, and P.L. 2014, ch. 290, § 1 enacted identical amendments to this section.

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Applicability.

P.L. 2011, ch. 355, § 2 provides that this section takes effect October 1, 2011, and shall apply to offenses committed on or after October 1, 2011.

P.L. 2011, ch. 373, § 2 provides that this section takes effect October 1, 2011, and shall apply to offenses committed on or after October 1, 2011. =======

Applicability.

P.L. 2011, ch. 355, § 2 provides that this section takes effect October 1, 2011, and shall apply to offenses committed on or after October 1, 2011.

P.L. 2011, ch. 373, § 2 provides that this section takes effect October 1, 2011, and shall apply to offenses committed on or after October 1, 2011.

31-41.1-4. Schedule of violations.

  1. The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments may vary according to the severity of the offense, or punishment that requires the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.

    VIOLATIONS SCHEDULE Section of General Laws Total Fine 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 24-10-17 Soliciting rides in motor vehicles 85.00 24-10-18 Backing up prohibited 85.00 24-10-19 Advertising motor vehicle for sale on state highways 100.00 24-10-20 Park and ride lots 85.00 24-12-37 Nonpayment of toll 100.00 31-3-12 Visibility of plates 85.00 31-3-18 Display of plates 85.00 31-3-32 Driving with expired registration 85.00 31-3-34 Failure to notify division of change of address 85.00 31-3-35 Notice of change of name 85.00 31-3-40 Temporary plates — dealer issued 85.00 31-4-3 Temporary registration — twenty-day (20) bill of sale 85.00 31-10-10 Rules as to armed forces license 85.00 31-10-30 Driving on expired license 85.00 31-10-32 Notice of change of address 85.00 31-10.1-4 No motorcycle helmet (operator) 85.00 31-10.1-5 Motorcycle handlebar violation 85.00 31-10.1-6 No motorcycle helmet (passenger) 85.00 31-10.1-7 Inspection of motorcycle required 85.00 31-12-12 Local motor vehicle ordinance 85.00 31-13-4 Obedience to devices 85.00 31-13-6(3)(i) Eluding traffic light 85.00 31-13-9 Flashing signals 85.00 31-13-11 Injury to signs or devices 85.00 31-14-1 Reasonable and prudent speed 95.00 31-14-3 Condition requiring reduced speed 95.00 31-14-9 Below minimum speed 95.00 31-14-12 Speed limit on bridges and structures 95.00 31-15-1 Leaving lane of travel 85.00 31-15-2 Slow traffic to right 85.00 31-15-3 Operator left of center 85.00 31-15-4 Overtaking on left 85.00 31-15-5(a) Overtaking on right 85.00 31-15-6 Clearance for overtaking 85.00 31-15-7 Places where overtaking prohibited 85.00 31-15-8 No passing zone 85.00 31-15-9 One way highways 85.00 31-15-10 Rotary traffic islands 85.00 31-15-11 Laned roadway violation 85.00 31-15-12 Following too closely 85.00 31-15-12.1 Entering intersection 100.00 31-15-13 Crossing center section of divided highway 85.00 31-15-14 Entering or leaving limited access roadways 85.00 31-15-16 Use of emergency break-down lane for travel 85.00 31-15-17 Crossing bicycle lane 85.00 31-15-18 Unsafe passing of person operating a bicycle 85.00 31-16-1 Care in starting from stop 85.00 31-16-2 Manner of turning at intersection 85.00 31-16-4 U turn where prohibited 85.00 31-16-5 Turn signal required 85.00 31-16-6 Time of signaling turn 85.00 31-16-7 Failure to give stop signal 85.00 31-16-8 Method of giving signals 85.00 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 second and subsequent offense not to exceed 500.00 31-17-1 Failure to yield right of way 85.00 31-17-2 Vehicle turning left 85.00 31-17-3 Yield right of way (intersection) 85.00 31-17-4 Obedience to stop signs 85.00 31-17-5 Entering from private road or driveway 85.00 31-17-8 Vehicle within right of way, rotary 85.00 31-17-9 Yielding to bicycles on bicycle lane 85.00 31-18-3 Right of way in crosswalks first violation 85.00 second violation or any subsequent violation $100.00 31-18-5 Crossing other than at crosswalks 85.00 31-18-8 Due care by drivers 85.00 31-18-12 Hitchhiking 85.00 31-18-18 Right of way on sidewalks 85.00 31-19-3 Traffic laws applied to bicycles 85.00 31-19-20 Sale of new bicycles 85.00 31-19-21 Sale of used bicycles 85.00 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 31-20-1 Failure to stop at railroad crossing 85.00 31-20-2 Driving through railroad gate 85.00 31-20-9 Obedience to stop sign 85.00 31-21-4 Places where parking or stopping prohibited 85.00 31-21-14 Opening of vehicle doors 85.00 31-21-18 Electric vehicle charging station restriction 85.00 31-22-2 Improper backing up 85.00 31-22-4 Overloading vehicle 85.00 31-22-5 Violation of safety zone 85.00 31-22-6 Coasting 85.00 31-22-7 Following fire apparatus 85.00 31-22-8 Crossing fire hose 85.00 31-22-9 Throwing debris on highway — snow removal 85.00 31-22-11.5 Improper use of school bus — not to exceed five hundred dollars ($500) for each day of improper use 31-22-22(a) No child restraint 85.00 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 , (f) 31-22-22(b) No seat belt — passenger 40.00 31-22-22(g) No seat belt — operator 40.00 31-22-23 Tow trucks — proper identification 275.00 31-22-24 Operation of interior lights 85.00 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules and regulations Not less than $85.00 or more than $500.00 31-23-1(e)(6) Removal of an “out of service vehicle” sticker 125.00 31-23-1(e)(7) Operation of an “out of service vehicle” 100.00 31-23-2(b) Installation or adjustment of unsafe or prohibited parts, equipment, or accessories: (first offense) 250.00 (second offense) 500.00 (third and subsequent offenses) 1,000.00 31-23-4 Brake equipment required 85.00 31-23-8 Horn required 85.00 31-23-10 Sirens prohibited 85.00 31-23-13 Muffler required 85.00 31-23-13.1 Altering height or operating a motor vehicle with an altered height 85.00 31-23-14 Prevention of excessive fumes or smoke 85.00 31-23-16 Windshield and window stickers (visibility) 85.00 31-23-17 Windshield wipers 85.00 31-23-19 Metal tires prohibited 85.00 31-23-20 Protuberances on tires 85.00 31-23-26 Fenders and wheel flaps required 85.00 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 31-23-29 Flares or red flag required over four thousand pounds (4,000 lbs.) 85.00 31-23-40 Approved types of seat belt requirements 85.00 31-23-42.1 Special mirror — school bus 85.00 31-23-43 Chocks required (1 pair) — over four thousand pounds (4,000 lbs.) 85.00 31-23-45 Tire treads — defective tires 85.00 31-23-47 Slow moving emblem required 85.00 31-23-49 Transportation of gasoline — passenger vehicle 85.00 31-23-51 Operating bike or motor vehicle wearing ear phones (first offense) 85.00 second offense 95.00 for the third and each subsequent offense 140.00 through 31-24-1 31-24-54 Times when lights required 85.00 31-25-3 Maximum width of one hundred and two inches (102") exceeded 85.00 31-25-4 Maximum height of one hundred sixty-two inches (162") exceeded 85.00 31-25-6 Maximum number and length of coupled vehicles 500.00 31-25-7 Load extending three feet (3´) front, six feet (6´) rear exceeded 85.00 31-25-9 Leaking load 85.00 31-25-11 Connections between coupled vehicles 85.00 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 31-25-12.1 Tow truck — use of lanes (first offense) 85.00 second offense 95.00 for the third and each subsequent offense 100.00 31-25-14(d)(1) Maximum weight and tandem axles 125.00 31-25-14(d)(2) Maximum weight and tandem axles 125.00 31-25-14(d)(3) Maximum weight and tandem axles 125.00 31-25-16(c)(2) Maximum weight shown in registration 85.00 per thousand lbs. overweight or portion thereof 31-25-16(c)(3) Maximum weight shown in registration 125.00 per thousand lbs. overweight or portion thereof 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 plus $125.00 per thousand pounds overweight or portion thereof 31-25-17 Identification of trucks and truck-tractors (first offense) 85.00 (second offense) 95.00 for the third and subsequent offenses 125.00 31-25-24 Carrying and inspection of excess load limit 175.00 31-25-27(c) Maximum axle 3,000.00 (first offense) not to exceed 5,000.00 for each and every subsequent offense 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River Bridge 3,000.00 (first offense) not to exceed 5,000.00 for each and every subsequent offense 31-27-2.3 Refusal to take preliminary breath test 85.00 31-28-7(d) Wrongful use of handicapped parking placard 500.00 31-28-7(f) Handicapped parking space violation: First offense 100.00 Second offense 175.00 Third offense and subsequent offenses 325.00 31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00 31-33-2 Failure to file accident report 85.00 31-34-2 Proof of insurance — motor vehicle rental 85.00 31-34-3 Operation by person other than lessee 85.00 31-36.1-17 No fuel tax stamp (out-of-state) 85.00 and not exceeding ($100) for subsequent offense 31-38-3 No inspection sticker 85.00 31-38-4 Violation of inspection laws 85.00 31-41.3-15 Automated school zone speed enforcement system 50.00 31-47.2-6 Heavy-duty vehicle emission inspections: First offense 125.00 Second offense 525.00 Third and subsequent offenses 1,025.00 37-15-7 Littering not less than 55.00, not more than five hundred dollars ($500) 39-12-26 Public carriers violation 300.00

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    SPEEDING Fine SPEEDING Fine (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine of ten dollars ($10.00) per mile in excess 205.00 of speed limit shall be assessed. minimum

    Click to view >>>>>>> origin/main

31-41.1-4. Schedule of violations.

  1. The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments may vary according to the severity of the offense, or punishment that requires the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
  2. In addition to any other penalties provided by law, a judge may impose the following penalties for speeding:
    1. For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed limit on public highways, a fine as provided for in subsection (a) of this section for the first offense; ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the third and any subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.
    2. For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.
  3. Except for a technology surcharge assessed in accordance with § 8-15-11 , any person charged with a violation who pays the fine administratively pursuant to this chapter shall not be subject to any additional costs or assessments, including, but not limited to, the hearing fee established in § 8-18-4 .
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VIOLATIONS SCHEDULE Section of General Laws Total Fine 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 24-10-17 Soliciting rides in motor vehicles 85.00 24-10-18 Backing up prohibited 85.00 24-10-19 Advertising motor vehicle for sale on state highways 100.00 24-10-20 Park and ride lots 85.00 24-12-37 Nonpayment of toll 100.00 31-3-12 Visibility of plates 85.00 31-3-18 Display of plates 85.00 31-3-32 Driving with expired registration 85.00 31-3-34 Failure to notify division of change of address 85.00 31-3-35 Notice of change of name 85.00 31-3-40 Temporary plates — dealer issued 85.00 31-4-3 Temporary registration — twenty-day (20) bill of sale 85.00 31-10-10 Rules as to armed forces license 85.00 31-10-30 Driving on expired license 85.00 31-10-32 Notice of change of address 85.00 31-10.1-4 No motorcycle helmet (operator) 85.00 31-10.1-5 Motorcycle handlebar violation 85.00 31-10.1-6 No motorcycle helmet (passenger) 85.00 31-10.1-7 Inspection of motorcycle required 85.00 31-12-12 Local motor vehicle ordinance 85.00 31-13-4 Obedience to devices 85.00 31-13-6(3)(i) Eluding traffic light 85.00 31-13-9 Flashing signals 85.00 31-13-11 Injury to signs or devices 85.00 31-14-1 Reasonable and prudent speed 95.00 31-14-3 Condition requiring reduced speed 95.00 31-14-9 Below minimum speed 95.00 31-14-12 Speed limit on bridges and structures 95.00 31-15-1 Leaving lane of travel 85.00 31-15-2 Slow traffic to right 85.00 31-15-3 Operator left of center 85.00 31-15-4 Overtaking on left 85.00 31-15-5(a) Overtaking on right 85.00 31-15-6 Clearance for overtaking 85.00 31-15-7 Places where overtaking prohibited 85.00 31-15-8 No passing zone 85.00 31-15-9 One way highways 85.00 31-15-10 Rotary traffic islands 85.00 31-15-11 Laned roadway violation 85.00 31-15-12 Following too closely 85.00 31-15-12 .1 Entering intersection 100.00 31-15-1 3 Crossing center section of divided highway 85.00 31-15-14 Entering or leaving limited access roadways 85.00 31-15-16 Use of emergency break-down lane for travel 85.00 31-15-17 Crossing bicycle lane 85.00 31-15-18 Unsafe passing of person operating a bicycle 85.00 31-16-1 Care in starting from stop 85.00 31-16-2 Manner of turning at intersection 85.00 31-16-4 U turn where prohibited 85.00 31-16-5 Turn signal required 85.00 31-16-6 Time of signaling turn 85.00 31-16-7 Failure to give stop signal 85.00 31-16-8 Method of giving signals 85.00 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 second and subsequent offense not to exceed 500.00 31-17-1 Failure to yield right of way 85.00 31-17-2 Vehicle turning left 85.00 31-17-3 Yield right of way (intersection) 85.00 31-17-4 Obedience to stop signs 85.00 31-17-5 Entering from private road or driveway 85.00 31-17-8 Vehicle within right of way, rotary 85.00 31-17-9 Yielding to bicycles on bicycle lane 85.00 31-18-3 Right of way in crosswalks first violation 85.00 second violation or any subsequent violation $100.00 31-18-5 Crossing other than at crosswalks 85.00 31-18-8 Due care by drivers 85.00 31-18-12 Hitchhiking 85.00 31-18-18 Right of way on sidewalks 85.00 31-19-3 Traffic laws applied to bicycles 85.00 31-19-20 Sale of new bicycles 85.00 31-19-21 Sale of used bicycles 85.00 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 31-20-1 Failure to stop at railroad crossing 85.00 31-20-2 Driving through railroad gate 85.00 31-20-9 Obedience to stop sign 85.00 31-21-4 Places where parking or stopping prohibited 85.00 31-21-14 Opening of vehicle doors 85.00 31-21-18 Electric vehicle charging station restriction 85.00 31-22-2 Improper backing up 85.00 31-22-4 Overloading vehicle 85.00 31-22-5 Violation of safety zone 85.00 31-22-6 Coasting 85.00 31-22-7 Following fire apparatus 85.00 31-22-8 Crossing fire hose 85.00 31-22-9 Throwing debris on highway — snow removal 85.00 31-22-11.5 Improper use of school bus — not to exceed five hundred dollars ($500) for each day of improper use 31-22-2 2(a) No child restraint 85.00 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 , (f) 31-22-22(b) No seat belt — passenger 40.00 31-22-22(g) No seat belt — operator 40.00 31-22-23 Tow trucks — proper identification 275.00 31-22-24 Operation of interior lights 85.00 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules and regulations Not less than $85.00 or more than $500.00 31-23-1(e)(6) Removal of an “out of service vehicle” sticker 125.00 31-23-1(e)(7) Operation of an “out of service vehicle” 100.00 31-23-2(b) Installation or adjustment of unsafe or prohibited parts, equipment, or accessories: (first offense) 250.00 (second offense) 500.00 (third and subsequent offenses) 1,000.00 31-23-4 Brake equipment required 85.00 31-23-8 Horn required 85.00 31-23-10 Sirens prohibited 85.00 31-23-13 Muffler required 85.00 31-23-13.1 Altering height or operating a motor vehicle with an altered height 85.00 31-23-14 Prevention of excessive fumes or smoke 85.00 31-23-16 Windshield and window stickers (visibility) 85.00 31-23-17 Windshield wipers 85.00 31-23-19 Metal tires prohibited 85.00 31-23-20 Protuberances on tires 85.00 31-23-26 Fenders and wheel flaps required 85.00 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 31-23-29 Flares or red flag required over four thousand pounds (4,000 lbs.) 85.00 31-23-4 0 Approved types of seat belt requirements 85.00 31-23-42.1 Special mirror — school bus 85.00 31-23-43 Chocks required (1 pair) — over four thousand pounds (4,000 lbs.) 85.00 31-23-45 Tire treads — defective tires 85.00 31-23-47 Slow moving emblem required 85.00 31-23-49 Transportation of gasoline — passenger vehicle 85.00 31-23-51 Operating bike or motor vehicle wearing ear phones (first offense) 85.00 second offense 95.00 for the third and each subsequent offense 140.00 through 31-24-1 31-24-54 Times when lights required 85.00 31-25-3 Maximum width of one hundred and two inches (102") exceeded 85.00 31-25-4 Maximum height of one hundred sixty-two inches (162") exceeded 85.00 31-25-6 Maximum number and length of coupled vehicles 500.00 31-25-7 Load extending three feet (3´) front, six feet (6´) rear exceeded 85.00 31-25-9 Leaking load 85.00 31-25-11 Connections between coupled vehicles 85.00 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 31-25-12.1 Tow truck — use of lanes (first offense) 85.00 second offense 95.00 for the third and each subsequent offense 100.00 31-25-14(d)(1) Maximum weight and tandem axles 125.00 31-25-14(d)(2) Maximum weight and tandem axles 125.00 31-25-14(d)(3) Maximum weight and tandem axles 125.00 31-25-16(c)(2) Maximum weight shown in registration 85.00 per thousand lbs. overweight or portion thereof 31-25-16(c)(3) Maximum weight shown in registration 125.00 per thousand lbs. overweight or portion thereof 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 plus $125.00 per thousand pounds overweight or portion thereof 31-25-17 Identification of trucks and truck-tractors (first offense) 85.00 (second offense) 95.00 for the third and subsequent offenses 125.00 31-25-24 Carrying and inspection of excess load limit 175.00 31-25-27(c) Maximum axle 3,000.00 (first offense) not to exceed 5,000.00 for each and every subsequent offense 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River Bridge 3,000.00 (first offense) not to exceed 5,000.00 for each and every subsequent offense 31-27-2.3 Refusal to take preliminary breath test 85.00 31-28-7(d) Wrongful use of handicapped parking placard 500.00 31-28-7(f) Handicapped parking space violation: First offense 100.00 Second offense 175.00 Third offense and subsequent offenses 325.00 31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00 31-33-2 Failure to file accident report 85.00 31-34-2 Proof of insurance — motor vehicle rental 85.00 31-34-3 Operation by person other than lessee 85.00 31-36.1-17 No fuel tax stamp (out-of-state) 85.00 and not exceeding ($100) for subsequent offense 31-38-3 No inspection sticker 85.00 31-38-4 Violation of inspection laws 85.00 31-41.3-15 Automated school zone speed enforcement system 50.00 31-47.2-6 Heavy-duty vehicle emission inspections: First offense 125.00 Second offense 525.00 Third and subsequent offenses 1,025.00 37-15-7 Littering not less than 55.00, not more than five hundred dollars ($500) 39-12-26 Public carriers violation 300.00

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SPEEDING Fine SPEEDING Fine (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine of ten dollars ($10.00) per mile in excess 205.00 of speed limit shall be assessed. minimum

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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2000, ch. 98, § 1; P.L. 2000, ch. 109, § 70; P.L. 2000, ch. 223, § 2; P.L. 2000, ch. 280, § 2; P.L. 2000, ch. 318, § 1; P.L. 2001, ch. 86, § 87; P.L. 2001, ch. 132, § 2; P.L. 2002, ch. 65, art. 13, § 26; P.L. 2002, ch. 134, § 1; P.L. 2002, ch. 292, § 57; P.L. 2004, ch. 6, § 3; P.L. 2005, ch. 64, § 8; P.L. 2005, ch. 67, § 8; P.L. 2005, ch. 117, art. 25, § 4; P.L. 2006, ch. 557, § 3; P.L. 2007, ch. 73, art. 26, § 1; P.L. 2007, ch. 307, § 2; P.L. 2007, ch. 340, § 4; P.L. 2007, ch. 414, § 2; P.L. 2007, ch. 485, § 1; P.L. 2008, ch. 9, art. 19, § 2; P.L. 2008, ch. 100, art. 12, § 2; P.L. 2008, ch. 241, § 1; P.L. 2008, ch. 249, § 3; P.L. 2008, ch. 311, § 3; P.L. 2009, ch. 310, § 11; P.L. 2010, ch. 92, § 2; P.L. 2010, ch. 132, § 2; P.L. 2013, ch. 141, § 2; P.L. 2013, ch. 142, § 2; P.L. 2014, ch. 34, § 9; P.L. 2014, ch. 42, § 9; P.L. 2017, ch. 204, § 2; P.L. 2017, ch. 259, § 2; P.L. 2018, ch. 316, § 1; P.L. 2018, ch. 353, § 1; P.L. 2021, ch. 49, § 2, effective June 14, 2021; P.L. 2021, ch. 50, § 2, effective June 11, 2021; P.L. 2021, ch. 96, § 2, effective July 1, 2021; P.L. 2021, ch. 97, § 2, effective July 1, 2021.

Compiler’s Notes.

P.L. 2010, ch. 92, § 2, and P.L. 2010, ch. 132, § 2, enacted identical amendments to this section.

P.L. 2013, ch. 141, § 2, and P.L. 2013, ch. 142, § 2 enacted identical amendments to this section.

P.L. 2014, ch. 34, § 9, and P.L. 2014, ch. 42, § 9 enacted identical amendments to this section.

P.L. 2017, ch. 204, § 2, and P.L. 2017, ch. 259, § 2 enacted identical amendments to this section.

Section 31-25-30 , referred to in this section, was repealed by P.L. 2011, ch. 122, § 2; P.L. 2011, ch. 310, § 2, effective June 12, 2011, and repealed effective two (2) years subsequent to such date or upon the closure of the existing structures.

P.L. 2018, ch. 316, § 1, and P.L. 2018, ch. 353, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 49, § 2, and P.L. 2021, ch. 50, § 2 enacted identical amendments to this section.

P.L. 2021, ch. 96, § 2, and P.L. 2021, ch. 97, § 2 enacted identical amendments to this section.

This section was amended by four acts ( P.L. 2021, ch. 49, § 2; P.L. 2021, ch. 50, § 2; P.L. 2021, ch. 96, § 2; P.L. 2021, ch. 97, § 2 ) as passed by the 2021 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

Applicability.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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>>>>>>> origin/main NOTES TO DECISIONS

<<<<<<< HEAD ======= P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

>>>>>>> origin/main Violations. <<<<<<< HEAD

A missing license plate is a “violation” for which a citation would be issued to the operator for subsequent disposition. State v. Frazier, 421 A.2d 546, 1980 R.I. LEXIS 1857 (R.I. 1980).

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Violations.

A missing license plate is a “violation” for which a citation would be issued to the operator for subsequent disposition. State v. Frazier, 421 A.2d 546, 1980 R.I. LEXIS 1857 (R.I. 1980).

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Collateral References.

What constitutes “minor traffic infraction” excludible from calculation of defendant’s criminal history under United States Sentencing Guideline § 4A1.2(c)(2). 113 A.L.R. Fed. 561.

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>>>>>>> origin/main 31-41.1-5. Failure to answer or appear.

  1. In the event the person charged with a violation does not pay the fine administratively in accordance with the provisions of § 31-41.1-3 , then he or she shall have waived his or her right to dispose of the offense without personal appearance, and the person charged with the violation must then appear before the traffic tribunal or municipal court on the date specified on the summons. If the person charged with the violation shall fail to appear on the specified date, a judge or magistrate may enter default judgment, and after hearing any evidence presented, determine whether the charges have been established. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established, an appropriate order shall be entered in the records of the traffic tribunal, including any order of suspension of the license or driving privilege of the person so charged in the same manner as set forth in § 31-41.1-6 .
  2. The order shall be mailed to the person charged with the violation at his or her last known address.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1.

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>>>>>>> origin/main 31-41.1-6. Hearings.

  1. Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, city, or town and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.
  2. After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.
  3. An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this title for the violation, including, but not limited to, license suspension, and/or in the case of a motorist under the age of twenty (20), community service, except that no penalty for it shall include imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a registration in the name of the defendant in accordance with any provisions of this title that authorize the suspension or revocation of a license or of a registration, or may order the suspension of the license and the registration of the defendant for the willful failure to pay a fine previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate may order the suspension of the registration of the vehicle with which the violation was committed, if the defendant has willfully failed to pay a fine previously imposed.
  4. A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the department of revenue. An order to attend a course may also include a provision to pay reasonable tuition for the course in an amount not to exceed the fee established by the college or university accredited by the state of Rhode Island or the department of revenue for driver retraining. The order shall contain findings of fact. Failure to comply with an order of attendance may, after notice and hearing, result in the suspension or revocation of a person’s license or registration.
  5. Unless a judge or magistrate determines that a substantial traffic safety hazard would result from it, he or she may delay for a period not to exceed thirty (30) days the effective date of any suspension or revocation of a driver’s license or vehicle registration imposed pursuant to this chapter. However, the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty-day (30) period. Any order for immediate surrender of a driver’s license or vehicle registration shall contain a statement of reasons for it.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2005, ch. 117, art. 25, § 4; P.L. 2008, ch. 1, § 12; P.L. 2008, ch. 98, § 27; P.L. 2008, ch. 145, § 27; P.L. 2009, ch. 322, § 1; P.L. 2009, ch. 323, § 1; P.L. 2021, ch. 262, § 1, effective July 14, 2021; P.L. 2021, ch. 264, § 1, effective July 14, 2021.

Compiler's Notes.

P.L. 2021, ch. 262, § 1, and P.L. 2021, ch. 264, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Burden of Proof.

The burden of proof is proof by clear and convincing evidence, while the burden in a civil case is a preponderance of the evidence. Since the burden is greater than in a superior court civil action, the dismissal of a traffic charge may merely mean that the state or the concerned municipality has failed to satisfy the more rigorous burden, rather than that the specific act charged did not occur. Consequently, evidence concerning the ultimate disposition of the traffic charge is properly excluded in a civil case. Cannone v. New England Tel. & Tel. Co., 471 A.2d 211, 1984 R.I. LEXIS 448 (R.I. 1984).

Composition of Appeals Board.

An appeals board composed entirely of administrative adjudication judges was not legally constituted under § 31-43-4(1) (repealed; see now § 31-41.1-8 ). Egan v. State DOT, 617 A.2d 876, 1992 R.I. LEXIS 214 (R.I. 1992).

Right to Jury Trial.

The fines pursuant to this section are determined by excess weight. A jury has no role in the determination or alteration of the fines, only the determination of whether there was a violation. Such a fact determination does not give rise to a right to trial by jury. Calore Freight Sys. v. Department of Transp., 576 A.2d 1214, 1990 R.I. LEXIS 126 (R.I. 1990).

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>>>>>>> origin/main 31-41.1-7. Application for dismissal based on good driving record.

  1. Any person who has had a motor vehicle operator’s license for more than three (3) years, and who has been issued traffic violations which are his or her first violations within the preceding three (3) years, may request a hearing seeking a dismissal of the violations based upon the operator’s good driving record.
  2. Upon submission of proper proof that the operator has not been issued any other traffic violation within the past three (3) years, the charge shall, except for good cause shown or as otherwise provided by law, be dismissed based upon a good driving record; provided, that the operator pay a thirty-five dollar ($35.00) administrative fee for court costs associated with the dismissal. Additionally, beginning July 1, 2014, there shall be imposed a twenty-five dollar ($25.00) surcharge on all dismissals based upon a good driving record to be deposited into the Rhode Island highway maintenance account.
  3. The traffic tribunal may not dismiss a charge pursuant to this section after six (6) months from the date of disposition. For purposes of this section, a parking ticket shall not constitute a prior violation.
  4. The following violations shall not be dismissed pursuant to this statute:
    1. Any violation within the original jurisdiction of superior or district court;
    2. A refusal to submit to a chemical test of breath, blood or urine pursuant to § 31-27-2.1 ;
    3. Any violation involving a school bus;
    4. Any violation involving an accident where there has been property damage or personal injury;
    5. Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit;
    6. Any violation involving child restraints in motor vehicles pursuant to § 31-22-22 ;
    7. Any violation committed by a holder of a commercial license as defined in § 31-10.3-3 or any violation committed in a commercial motor vehicle as defined in § 31-10.3-3 by an operator who does not hold a commercial license.
  5. If the charge is dismissed pursuant to this section, records of the dismissal shall be maintained for a period of three (3) years.
  6. The judge or magistrate shall have the discretion to waive court costs and fees when dismissing a violation pursuant to this section, with the exception of the mandatory thirty-five dollars ($35.00) administrative fee and the twenty-five dollar ($25.00) surcharge provided for in subsection (b) of this section.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2000, ch. 67, § 1; P.L. 2002, ch. 58, § 10; P.L. 2003, ch. 134, § 1; P.L. 2003, ch. 160, § 1; P.L. 2005, ch. 77, § 8; P.L. 2005, ch. 82, § 8; P.L. 2007, ch. 73, art. 35, § 1; P.L. 2007, ch. 386, § 1; P.L. 2008, ch. 100, art. 12, § 2; P.L. 2014, ch. 145, art. 21, § 5.

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>>>>>>> origin/main Applicability.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

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>>>>>>> origin/main 31-41.1-8. Appellate review.

  1. Appeals panels.  The chief magistrate of the traffic tribunal shall establish one or more appeals panels, each consisting of three (3) members of the traffic tribunal, and shall select a presiding member for each appeals panel from the members so appointed. No member of the traffic tribunal shall serve as a member of an appeals panel hearing the appeal of a determination by that member. The chief judge shall also designate any other personnel of the traffic tribunal that may be necessary to assist an appeals panel in carrying out its functions.
  2. Right of appeal.  Any person who is aggrieved by a determination of a judge or magistrate may appeal the determination pursuant to the provisions of this section.
  3. Appeals panel.  Each appeal filed pursuant to this section shall be reviewed by an appeals panel, which shall make a determination of the appeal, and shall cause an appropriate order to be entered in the records of the traffic tribunal.
  4. Time limitations.  No appeal shall be reviewed if it is filed more than ten (10) days after notice was given of the determination from which it was appealed, unless it is determined that failure to file was due to excusable neglect. Notice shall be complete upon mailing.
  5. Appeal procedures.  Any person desiring to file an appeal from an adverse determination pursuant to this section shall do so in a form and manner provided by the clerk of the traffic tribunal. The transcript of any hearing that formed the basis for the determination will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the clerk of the traffic tribunal or by this section.
  6. Standard of review.  The appeals panel shall not substitute its judgment for that of the judge or magistrate as to the weight of the evidence on questions of fact. The appeals panel may affirm the decision of the judge or magistrate, or it may remand the case for further proceedings or reverse or modify the decision if the substantial rights of the appellant have been prejudiced because the judge’s findings, inferences, conclusions or decisions are:
    1. In violation of constitutional or statutory provisions;
    2. In excess of the statutory authority of the judge or magistrate;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  7. Transcript of hearings.  Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal, if prepared by the tribunal, or at a rate specified in the contract between the court and the contractor, if prepared by a private contractor.
  8. Fees.  The fee for filing an appeal shall be twenty-five dollars ($25.00), and this fee shall be deposited into the general fund. In addition to the appeal filing fee, the traffic tribunal shall apply a technology surcharge assessed in accordance with § 8-15-11 . No appeal shall be accepted unless the required fee has been paid or if forma pauperis status has been granted.
  9. Stays pending appeal.  Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the appeals panel.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2008, ch. 1, § 12; P.L. 2014, ch. 34, § 9; P.L. 2014, ch. 42, § 9.

Compiler’s Notes.

P.L. 2014, ch. 34, § 9, and P.L. 2014, ch. 42, § 9 enacted identical amendments to this section.

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>>>>>>> origin/main 31-41.1-9. Appeals to district court.

  1. Right of appeal.  Any person who is aggrieved by a determination of an appeals panel may appeal the determination pursuant to the provisions of this section.
  2. Time limitations.  No appeal shall be reviewed if it is filed more than ten (10) days after notice was given of the determination from which it was appealed. Notice shall be complete upon mailing.
  3. Appeal procedures.  Any person desiring to file an appeal from an adverse determination pursuant to this section shall do so in a form and manner provided by the clerk of the traffic tribunal. The transcript of any hearing that formed the basis for the determination will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the clerk of the traffic tribunal or by this section.
  4. Standard of review.  The judge of the district court shall not substitute his or her judgment for that of the appeals panel as to the weight of the evidence on questions of fact. The district court judge may affirm the decision of the appeals panel, or may remand the case for further proceedings or reverse or modify the decision if the substantial rights of the appellant have been prejudiced because the appeals panel’s findings, inferences, conclusions or decisions are:
    1. In violation of constitutional or statutory provisions;
    2. In excess of the statutory authority of the appeals panel;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  5. Transcript of hearings.  Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal, if prepared by the tribunal, or at a rate specified in the contract between the tribunal and the contractor, if prepared by a private contractor.
  6. Fees.  The fee for filing an appeal shall be twenty-five dollars ($25.00) and this fee shall be deposited into the general fund. In addition to the appeal filing fee, the traffic tribunal shall apply a technology surcharge assessed in accordance with § 8-15-11 . No appeal shall be accepted unless the required fee has been paid or if forma pauperis status has been granted.
  7. Stays pending appeal.  Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the district court.
  8. Certiorari.  Any person who has exhausted all remedies available to him or her under the provisions of this section, including an appeal before the district court, may seek review by petition for writ of certiorari to the supreme court.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2014, ch. 34, § 9; P.L. 2014, ch. 42, § 9.

Compiler’s Notes.

P.L. 2014, ch. 34, § 9, and P.L. 2014, ch. 42, § 9 enacted identical amendments to this section.

NOTES TO DECISIONS

Jurisdiction.

The district court has jurisdiction to entertain appeals from the administrative adjudication division (now traffic tribunal) irrespective of the amount of the fines imposed. Richmond Sand & Gravel v. State, 556 A.2d 52, 1989 R.I. LEXIS 44 (R.I. 1989).

Prospective Application.

The unamended version of this section must be applied to motor-vehicle infraction determinations occurring before the 1992 amendment date even though the aggrieved parties appealed on or after that date, since no logic would be served by a retroactive application of the presently amended version. Walsh v. Rhode Island Dep't of Transp., 637 A.2d 774, 1994 R.I. LEXIS 57 (R.I. 1994) (decided under prior law).

Scope of Review.

In reviewing a hearing judge’s decision pursuant to subsection (l) of former § 31-43-4, the appeals panel lacks the authority to assess witness credibility or to substitute its judgment for that of the hearing judge concerning the weight of evidence on questions of fact. The review of the appeals panel is confined to a reading of the second record to determine whether a judge’s decision is supported by legally competent evidence or is effected by an error of law. Link v. State, 633 A.2d 1345, 1993 R.I. LEXIS 254 (R.I. 1993).

The Supreme Court review of appeals panel judgments is authorized by subsection (j) of former § 31-43-4, and it must conform to the standards embodied in subsection (f) of former § 31-43-4. The Supreme Court, accordingly, must determine whether the appeals panel has exceeded its authority under subsection (f) of former § 31-43-4. The appeals panel’s decision will not be reversed unless the court decides that the panel misapplied the law, misconceived or overlooked material evidence, or made findings that were clearly wrong (See now § 31-41.1-9(h) ). Link v. State, 633 A.2d 1345, 1993 R.I. LEXIS 254 (R.I. 1993).

Supporting Reasons for Decision.

Although the issuance of a decision without supporting reasons is discouraged, such a practice clearly comports with subsection (c) of former § 31-43-4, which simply requires the appeal panel, after reviewing an appeal, to file “an appropriate order” in the court records. Link v. State, 633 A.2d 1345, 1993 R.I. LEXIS 254 (R.I. 1993).

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>>>>>>> origin/main 31-41.1-10. Expungement.

All violations within this title which are in the jurisdiction of the traffic tribunal or of a municipal court shall by operation of law, after three (3) years, following adjudication of the violation and after expiration of any mandatory state or federal record-retention period, be expunged from the records of the traffic tribunal or the municipal court and from the records of the division of motor vehicles, except for those offenses related to alcohol as provided in § 31-27-2.1 , which shall be expunged after five (5) years. These expungements shall be in addition to and not in place of any expungement provided for by chapter 1.3 of title 12.

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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2013, ch. 104, § 1; P.L. 2013, ch. 112, § 1.

Compiler’s Notes.

P.L. 2013, ch. 104, § 1, and P.L. 2013, ch. 112, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-41.1-11. Jurisdiction.

  1. The traffic tribunal shall have exclusive original jurisdiction over the adjudication of charges under § 31-27-2.1(c)(1) (Refusal to submit to chemical test first violation).
  2. The district court shall have exclusive original jurisdiction over the adjudication of charges under § 31-27-2.1(c)(2) and (3) (Refusal to submit to chemical test, second violation and third and subsequent violations).
  3. Nothing in subsections (a) and (b) of this section shall be deemed to abrogate the jurisdiction of any municipal court under the provisions of chapter 18 of title 8 of the general laws.
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>>>>>>> origin/main History of Section. P.L. 1999, ch. 218, art. 3, § 1; P.L. 2007, ch. 42, § 1; P.L. 2007, ch. 46, § 1.

Compiler's Notes.

The reference in subsection (a) of this section to “ 31-27-2.1 (b)(1)” has been changed to “ 31-27-2.1 (c)(1)” and the reference in subsection (b) of this section to “ 31-27-2.1(b)(2) and (3)” has been changed to “ § 31-27-2.1(c)(2) and (3)” to reflect the amendments to § 31-27-2.1 by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.

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>>>>>>> origin/main NOTES TO DECISIONS

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Notice of License Termination.

In a prosecution for driving with a suspended license, the proper forum to raise the defense that the registry failed to provide the defendant with termination notice of the expired license was the Administrative Adjudication Court, not the state Supreme Court. State v. D'Alo, 649 A.2d 498, 1994 R.I. LEXIS 256 (R.I. 1994).

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Notice of License Termination.

In a prosecution for driving with a suspended license, the proper forum to raise the defense that the registry failed to provide the defendant with termination notice of the expired license was the Administrative Adjudication Court, not the state Supreme Court. State v. D'Alo, 649 A.2d 498, 1994 R.I. LEXIS 256 (R.I. 1994).

>>>>>>> origin/main

Chapter 41.2 Automated Traffic Violation Monitoring Systems

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>>>>>>> origin/main 31-41.2-1. Short title.

This act shall be cited as the “Rhode Island Automated Traffic Violation Monitoring System Act of 2005.”

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-2. Legislative findings.

It is hereby found and declared that the effective and efficient enforcement of traffic laws, rules and regulations will assist in insuring safe travel on the streets and highways of this state. It is hereby declared to be the policy of the state of Rhode Island to authorize and utilize the best available technology for the monitoring and prosecution of civil traffic violations, including automated traffic violation detection systems.

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-3. Automated traffic violation monitoring systems.

  1. The state department of transportation and the municipalities of this state are hereby authorized to install and operate automated traffic violation detection systems. Such systems shall be limited to systems which monitor and detect violations of traffic control signals. For purposes of this chapter an automated traffic violation detection system means a system with one or more motor vehicle sensors which produces images of motor vehicles being operated in violation of traffic signal laws.
  2. No automated traffic violation detection system shall be installed pursuant to this section which has not been approved for use by the director of the state department of transportation. The director of the state department of transportation shall promulgate regulations for the approval and operation of said systems pursuant to the administrative procedures act, chapter 35 of title 42. Systems shall be approved if the director is satisfied they meet standards of efficiency and accuracy. All systems installed for use under this chapter must be able to record the image of the vehicle and the license plates of the vehicle.
  3. In the event that the system is to be installed other than by the state department of transportation on state-maintained streets or roads, the director of the department of transportation must approve such installation.
  4. The state department of transportation and/or the municipalities may enter into an agreement with a private corporation or other entity to provide automated traffic violation detection systems or equipment and to maintain such systems.
  5. Compensation to a private entity that provides traffic signal monitoring devices shall be based on the value of such equipment and related support services, and shall not be based on the revenue generated by such systems.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1; P.L. 2010, ch. 239, § 31.

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>>>>>>> origin/main 31-41.2-3.1. Installation and signage.

  1. The implementing jurisdiction(s) shall post a warning sign at each system location where a traffic control signal monitoring system is located.
  2. Such warning signs shall conform to appropriate, federally accepted standards for traffic control signs.
  3. Sign signage shall remain at each system location so long as a traffic control signal monitoring system is in operation.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-4. Procedure — Notice.

  1. Except as expressly provided in this chapter, all prosecutions based on evidence produced by an automated traffic-violation-detection system shall follow the procedures established in chapter 41.1 of this title; chapter 18 of title 8, except the provisions providing for payments to the state in §§ 8-18-4 and 8-18-6 , and the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations. A summons may be issued by an officer solely based on evidence obtained by use of an automated traffic-violation-detection system. All summons issued based on evidence obtained from an automated traffic-violation-detection system shall be issued within twenty-eight (28) days of the violation.
  2. Notwithstanding any rule, regulation, or other provision of the general or public laws to the contrary, no city or town shall be required to make payments to the state in implementing any provision of this chapter until July 1, 2013, nor after July 1, 2015.
  3. It shall be sufficient to commence a prosecution based on evidence obtained from an automated traffic-violation-detection system that a copy of the summons and supporting documentation be mailed to the address of the registered owner kept on file by the registry of motor vehicles pursuant to § 31-3-34 . For purposes of this section, the date of issuance shall be the date of mailing.
  4. The officer issuing the summons shall certify under penalties of perjury that the evidence obtained from the automated traffic-violation-detection system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the summons is not answered within the time period permitted.
  5. The summons shall contain all the information provided for on the uniform summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal, subject to the approval of the supreme court pursuant to § 8-6-2 .
  6. In addition to the summons, the following information shall be attached to the summons:
    1. Copies of two (2) or more photographs, or microphotographs, or other recorded images taken as proof of the violation;
    2. A signed statement by a trained law enforcement officer that, based on inspection of recorded images, the motor vehicle was being operated in violation of § 31-13-4 ;
    3. A statement that recorded images are evidence of a violation of this chapter; and
    4. A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of § 31-41.1-3 , or elect to stand trial for the alleged violation.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1; P.L. 2008, ch. 1, § 13; P.L. 2010, ch. 239, § 31; P.L. 2013, ch. 144, art. 9, § 13; P.L. 2014, ch. 250, § 1; P.L. 2014, ch. 308, § 1; P.L. 2014, ch. 528, § 53; P.L. 2017, ch. 458, § 1; P.L. 2017, ch. 473, § 1.

Compiler’s Notes.

This section was amended by three acts (P.L. 2014, ch. 250, § 1; P.L. 2014, ch. 308, § 1; P.L. 2014, ch. 528, § 53) as passed by the 2014 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all three acts.

P.L. 2014, ch. 250, § 1, and P.L. 2014, ch. 308, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 458, § 1, and P.L. 2017, ch. 473, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 528, § 71 provides that the amendment to this section by that act takes effect on December 31, 2014.

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>>>>>>> origin/main 31-41.2-5. Hearings.

Evidence from an automated traffic violation detection system shall be considered substantive evidence in the prosecution of all civil traffic violations. Evidence from an automated traffic violation detection system approved by the director of transportation shall be admitted without further authentication and such evidence may be deemed sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein, any and all defenses cognizable at law shall be available to the individual who receives the summons commencing a prosecution under this chapter.

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1; P.L. 2013, ch. 144, art. 9, § 13.

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>>>>>>> origin/main 31-41.2-6. Driver/registered owner liability.

  1. The registered owner of the motor vehicle shall be primarily responsible in all prosecutions brought pursuant to the provisions of this chapter except as otherwise provided in this section.
  2. In all prosecutions of civil traffic violations based on evidence obtained from an automated traffic violation detection system, the registered owner of a vehicle which has been operated in violation of a civil traffic violation, may be liable for such violation. The registered owner of the vehicle may assume liability for the violation by paying the fine; or by defending the violation pursuant to the procedures in § 31-41.2-4 .
  3. The lessee of a leased vehicle shall be considered the owner of a motor vehicle for purposes of this section.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-7. Use of evidence in criminal and civil cases.

Nothing in this chapter shall prohibit the use of evidence produced by an automated traffic violation detection system in a criminal or private civil proceeding provided that the admissibility of such evidence shall follow the applicable laws and rules of procedure and rules of evidence which apply in criminal and civil cases.

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-7.1. Nature of violations.

Notwithstanding any other provision of law:

  1. No violation for which a civil penalty is imposed under this chapter shall be considered a moving violation, nor shall be included on the driving record of the person on whom the liability is imposed, nor shall it be used for insurance rating purposes in providing motor vehicle insurance coverage until there is a final adjudication of the violation.
  2. Impositions of a penalty pursuant to this chapter shall not be deemed a criminal conviction of an owner or operator.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-8. Security of records.

  1. The recorded images produced by an automated traffic violation detection system shall not be deemed “public records” subject to disclosure pursuant to subsection 38-2-2(4)(i).
  2. All recorded images that do not identify a violation shall be destroyed within ninety (90) days of the date the image was recorded, unless ordered by a court of competent jurisdiction.
  3. All recorded images that identify a violation shall be destroyed within one year after the citation is resolved by administrative payment, trial or other final disposition of the citation, unless ordered by a court of competent jurisdiction.
  4. The privacy of records produced pursuant to this chapter shall be maintained; provided, that aggregate data not containing personal identifying information may be released.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1.

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>>>>>>> origin/main 31-41.2-9. Reports.

The agency or municipality authorizing the installation of automated traffic signal detection systems shall prepare an annual report containing data on:

  1. The number of citations issued at each particular intersection;
  2. The number of those violations paid by mail;
  3. The number of those violations found after trial or hearing;
  4. The number of violations dismissed after trial or hearing;
  5. The number of accidents at each intersection;
  6. A description as to the type of accident;
  7. An indication regarding whether there were any injuries involved in any accident reported;
  8. The cost to maintain the automated traffic signal detection system; and
  9. The amount of revenue obtained from the automated traffic signal detection system.
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>>>>>>> origin/main History of Section. P.L. 2005, ch. 418, § 1; P.L. 2010, ch. 239, § 31.

Chapter 41.3 Automated School-Zone-Speed-Enforcement System Act of 2016

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>>>>>>> origin/main 31-41.3-1. Short title.

This act shall be known and may be cited as the “Rhode Island Automated School-Zone-Speed-Enforcement System Act of 2016.”

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

Compiler’s Notes.

P.L. 2016, ch. 164, § 1, and P.L. 2016, ch. 165, § 1 enacted identical versions of this chapter.

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>>>>>>> origin/main 31-41.3-2. Legislative findings.

It is hereby found and declared that ever-increasing violations of the state’s school-zone speed laws and regulations place both motorists and students using the state’s streets and roadways within school zones in danger. The legislature hereby declares that the use of technology to reduce aggressive and dangerous speeding is in the best interest of public safety and therefore adopts a policy of authorizing the use of automated traffic-speed-enforcement systems in school zones within the state of Rhode Island. These systems shall be used in conjunction with civil penalties imposed upon the owners of speeding vehicles in order to reduce speeding violations.

Nothing in this chapter shall supersede any criminal or civil penalty or sanction against the driver of a vehicle who is cited by a law enforcement officer for a speeding violation in a school zone.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-3. Automated school-zone-speed-enforcement system authorized and defined.

  1. The state department of transportation and the municipalities of this state are hereby authorized to operate “automated school-zone-speed-enforcement systems.”
  2. For the purposes of this chapter:
    1. An “automated school-zone-speed-enforcement system” is an automated traffic-speed-enforcement system operated within one-quarter (1/4) mile of any type of school in the state of Rhode Island;
    2. An “automated traffic-speed-enforcement system” is defined as a system using one or more vehicle detectors in combination with photography to identify and provide a photographic image of vehicles which are exceeding the posted speed limit, or the speed limit designated by state law or regulation, for a given school zone, and may be in fixed or mobile configurations; and
    3. A “school zone” is defined as anywhere within a one-quarter (1/4) mile radius of any type of school in the state of Rhode Island.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-4. Automated school-zone-speed-enforcement system operational requirements and certification.

No automated school-zone-speed-enforcement system shall be used in the state of Rhode Island unless the system has been approved and certified for use in the state by the director of the department of transportation. The director of the department of transportation, in cooperation with the state police, shall require that any automated school-zone-speed-enforcement system approved and certified for use in the state of Rhode Island meets the following requirements:

  1. All automated school-zone-speed-enforcement systems operated under this chapter shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.
  2. All automated school-zone-speed-enforcement systems operated under this chapter shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of which shall include the license plate attached to the rear of the vehicle.
  3. All automated school-zone-speed-enforcement systems operated under this chapter shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the speed limit:
    1. The date and time of the violation; and
    2. The identity of the street, or school zone being monitored, and location upon that street, or within that school zone, including the direction of travel and lane of travel; this requirement may be met with code designations; and
    3. The posted or lawfully designated speed limit for the street or school zone being monitored; and
    4. The monitored speed of the vehicle identified in the photographic images as exceeding the posted or lawfully designated school zone speed limit; and
    5. The consecutive event number of each photograph taken.
  4. At least one hundred feet (100´) prior to entering an automated school-zone area where a speed-enforcement system is being operated, and on each approach to that area, four (4) signs, each measuring three feet (3´) in height by four feet (4´) in width, shall be erected in locations where the view is unobstructed, warning motorists that they will be entering an area monitored by an automated speed-zone-enforcement system and that violators of speed limitations may be prosecuted. The automated school-zone-speed-enforcement system shall be operational only from seven o’clock a.m. (7:00 a.m.) to six o’clock p.m. (6:00 p.m.) on school days of the promulgated one-hundred-eighty-day (180) school calendar year adopted in the applicable community.
  5. It shall be the vendor’s responsibility to furnish an annual report with all pertinent data to the speaker of the house and the senate president.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1; P.L. 2018, ch. 316, § 2; P.L. 2018, ch. 353, § 2.

Compiler’s Notes.

P.L. 2018, ch. 316, § 2, and P.L. 2018, ch. 353, § 2 enacted identical amendments to this section.

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>>>>>>> origin/main 31-41.3-5. Operation of system.

In the event a fixed or mobile automated traffic-speed-enforcement system is to be installed or used by any person other than the state department of transportation or state police personnel on a state maintained street, roadway or highway, the director of transportation shall approve installation or use of the system.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-6. Maintenance of system.

The state department of transportation, and/or the municipalities, may enter into an agreement with a private corporation or other entity to provide automated school-zone-speed-enforcement systems equipment services and to maintain the systems. A contract between a government agency and a manufacturer or supplier of automated traffic-speed-enforcement systems shall be based on the value of such equipment and related support services and shall not be based on a percentage of the revenue generated by the automated school-zone-speed-enforcement system.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-7. Citation precedent.

In the event a law enforcement officer stops and issues a citation to the driver of a vehicle for a speeding violation, which violation is also captured by an automated school-zone-speed-enforcement system, the citation issued to the driver by the law enforcement officer shall have and take precedence, and the automated school-zone-speed-enforcement system citation shall be dismissed.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-8. Procedure — Notice.

  1. Except as expressly provided in this chapter, all prosecutions based on evidence produced by an automated school-zone-speed-enforcement system shall follow the procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations. Citations may be issued by an officer solely based on evidence obtained by use of an automated school-zone-speed-enforcement system. All citations issued based on evidence obtained from an automated school-zone-speed-enforcement system shall be issued within fourteen (14) days of the violation.
  2. It shall be sufficient to commence a prosecution based on evidence obtained from an automated school-zone-speed-enforcement system, provided that a copy of the citation and supporting documentation be mailed to the address of the registered owner kept on file by the registry of motor vehicles pursuant to § 31-3-34 . For purposes of this section, the date of issuance shall be the date of mailing.
  3. The officer issuing the citation shall certify under penalties of perjury that the evidence obtained from the automated school-zone-speed-enforcement system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the citation is not answered within the time period permitted.
  4. The citation shall contain all the information provided for in the uniform summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal.
  5. In addition to the information in the uniform summons, the following information shall be attached to the citation:
    1. Copies of two (2) or more photographs, or microphotographs, or other recorded images taken as proof of the violation; and
    2. A signed statement by a trained law enforcement officer that, based on inspection of recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31 relating to speed restrictions; and
    3. A statement that recorded images are evidence of a violation of this chapter; and
    4. A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of § 31-41.1-3 , or elect to stand trial for the alleged violation.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1; P.L. 2017, ch. 161, § 1; P.L. 2017, ch. 451, § 13.

Compiler’s Notes.

This section was amended by two acts (P.L. 2017, ch. 161, § 1; P.L. 2017, ch. 451, § 13) as passed by the 2017 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by both acts.

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>>>>>>> origin/main 31-41.3-9. Hearings.

Evidence from an automated school-zone-speed-enforcement system shall be considered substantive evidence in the prosecution of all civil traffic violations. Evidence from an automated school-zone-speed-enforcement system approved by the director of the department of transportation shall be admitted without further authentication and such evidence may be deemed sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein, any defenses cognizable at law, with the exception of that available under § 31-41.1-7 , shall be available to the individual who receives the citation commencing a prosecution under this chapter.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-10. Driver/registered owner liability.

  1. The registered owner of the motor vehicle shall be primarily responsible in all prosecutions brought pursuant to the provisions of this chapter, except as otherwise provided in this section.
  2. In all prosecutions of civil school-zone violations based on evidence obtained from an automated traffic-speed-enforcement system, the registered owner of a vehicle which has been operated in violation of a civil traffic violation, may be liable for such violation. The registered owner of the vehicle may assume liability for the violation by paying the fine, or by defending the violation pursuant to the remedies available under the law.
  3. The lessee of a leased vehicle shall be considered the owner of a motor vehicle for purposes of this section.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-11. Use of evidence in criminal and civil cases.

Nothing in this chapter shall prohibit the use of evidence produced by an automated school-zone-speed-enforcement system in a criminal or civil proceeding; provided, that the admissibility of such evidence shall follow the applicable laws and rules of procedure and rules of evidence which apply in criminal and civil proceedings.

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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-12. Nature of violations.

Notwithstanding any other provision of law:

  1. No violation for which a civil penalty is imposed under this chapter shall be considered a moving violation; nor shall it be included on the driving record of the person on whom the liability is imposed; nor shall it be used for insurance rating purposes in providing motor vehicle insurance coverage.
  2. Impositions of a penalty pursuant to this chapter shall not be deemed a criminal conviction of an owner or operator.
  3. The defense available under § 31-41.1-7 shall not be available for any violation imposed under this chapter.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1; P.L. 2018, ch. 316, § 3; P.L. 2018, ch. 353, § 3.

Compiler’s Notes.

P.L. 2018, ch. 316, § 3, and P.L. 2018, ch. 353, § 3 enacted identical amendments to this section.

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>>>>>>> origin/main 31-41.3-13. Security of records.

  1. The recorded images produced by an automated school-zone-speed-enforcement system shall not be deemed “public records” subject to disclosure pursuant to § 38-2-2 .
  2. All recorded images that do not identify a violation shall be destroyed within ninety (90) days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction.
  3. All recorded images that identify a violation shall be destroyed within one year after the citation is resolved by administrative payment, trial, or other final disposition of the citation, unless otherwise ordered by a court of competent jurisdiction.
  4. The privacy of records produced pursuant to this chapter shall be maintained; provided, that aggregate data not containing personal identifying information may be released.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-14. Reports.

  1. The agency or municipality authorizing the installation of automated school-zone-speed-enforcement systems shall prepare an annual report containing data on:
    1. The number of citations issued at each particular school zone;
    2. The number of those violations paid by mail;
    3. The number of those violations found after trial or hearing;
    4. The number of violations dismissed after trial or hearing;
    5. The number of accidents at each school zone;
    6. A description as to the type of accident;
    7. An indication regarding whether there were any injuries involved in any accident reported;
    8. The cost to maintain the automated school-zone-speed-enforcement system; and
    9. The amount of revenue obtained from the automated school-zone-speed-enforcement system.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1.

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>>>>>>> origin/main 31-41.3-15. Penalties.

  1. Every person found to have violated the provisions of this chapter shall be fined fifty dollars ($50.00) for each offense; provided, however that for a period of thirty (30) days following the installation of any new automated school-zone-speed-enforcement system, a violation recorded by the system shall only be enforced by the issuance of a warning.
  2. A violation of this chapter shall not be considered a moving violation for purposes of the motorist’s driving record.
  3. Every three (3) years from the date of the motorist’s first offense under this chapter, the court shall expunge any automated school-zone-speed-enforcement violations during the preceding three-year (3) period.
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>>>>>>> origin/main History of Section. P.L. 2018, ch. 316, § 4; P.L. 2018, ch. 353, § 4.

Compiler’s Notes.

P.L. 2018, ch. 316, § 4, and P.L. 2018, ch. 353, § 4 enacted identical versions of this section.

Chapter 42 Abandoned Motor Vehicles

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>>>>>>> origin/main 31-42-1. Definitions.

  1. “Abandoned motor vehicle” means a motor vehicle that is inoperable and over eight (8) years old and is left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than three (3) days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days.
  2. “Abandoned motor vehicle of no value” means a motor vehicle that is inoperable and over ten (10) years old and is left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than three (3) days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, and meets the following criteria:
    1. The vehicle has no evidence of current registration in or upon the vehicle;
    2. The vehicle has a fair market value of five hundred dollars ($500) or less; and
    3. The vehicle does not have a valid inspection sticker.
  3. “Demolisher” means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
  4. “Police department” means the police department of a city or town. For the purposes of this section “police department” shall also include the Rhode Island airport corporation police department.
  5. “Unlicensed junkyards” means any establishment or premises which are used for the storing, keeping or accumulation of one or more inoperable, worn out, junked, or otherwise discarded motor vehicles, which establishment or premises do not have a license as an auto wrecking and salvage yard.
  6. “Vehicle survey report” means a report printed in the following form: <<<<<<< HEAD

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1; P.L. 1988, ch. 191, § 1; P.L. 2003, ch. 434, § 1.

Comparative Legislation.

Abandoned motor vehicles:

Conn. Gen. Stat. §§ 14-150 and 14-151.

Mass. Ann. Laws ch. 90, §§ 22B and 22C.

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>>>>>>> origin/main 31-42-2. Authority to take possession of abandoned motor vehicles and abandoned motor vehicles of no value.

  1. A police department may, upon completion of a vehicle survey report, take into custody any motor vehicle found abandoned on public or private property. A police department may employ its own personnel, equipment, and facilities or authorize persons, equipment, and facilities for the purpose of removing, preserving and storing abandoned motor vehicles.
  2. The police shall post or attach to the vehicle, forty-eight (48) hours prior to towing, a notification of an abandoned vehicle indicating the vehicle will be towed.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1; P.L. 1988, ch. 191, § 1.

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>>>>>>> origin/main 31-42-3. Notification of owner and lienholders.

  1. A police department which takes into custody an abandoned motor vehicle shall notify within fifteen (15) days of it, by registered mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model, and serial number of the abandoned motor vehicle The notice shall set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle within three (3) weeks after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the abandoned motor vehicle at a public auction.
  2. If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner; or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this chapter. The notice by publication can contain multiple listings of abandoned vehicles. The notice shall be within the time requirements prescribed for notice by registered mail and shall have the same contents required for a notice by registered mail.
  3. The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-3.1. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1988 ch. 603, § 1; Repealed by P.L. 1994, ch. 328, § 2, effective July 12, 1994.

Compiler’s Notes.

Former § 31-42-3.1 concerned special procedures regarding certain abandoned motor vehicles.

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>>>>>>> origin/main 31-42-4. Auction of abandoned motor vehicles.

  1. If an abandoned motor vehicle has not been reclaimed as provided for in § 31-42-3 , the police department shall sell the abandoned motor vehicle at a public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt and bill of sale from the police department, and shall be entitled to register the purchased vehicle. The sales receipt at a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and, in that case no further registration of the vehicle shall be necessary.
  2. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notices and publication costs incurred pursuant to § 31-42-3 . Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in a special abandoned motor vehicle fund which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned vehicles in custody, whenever the proceeds from a sale of the other abandoned motor vehicles are insufficient to meet these expenses and costs.
  3. Whenever the chief finance officer of the city or town finds that moneys in the abandoned motor vehicle fund are in excess of reserves likely to be needed, he or she may transfer the excess to the general fund. But in the event there are additional claims against the abandoned motor vehicle fund, if the abandoned motor vehicle fund is temporarily exhausted, these claims shall be met from the general fund to the limit of any transfers previously made to it pursuant to this section.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-5. Garage keepers and abandoned motor vehicles.

  1. Any motor vehicle left for more than ten (10) days in a garage operated for commercial purposes after notice by registered mail, return receipt requested to the owner to pick up the vehicle, or for more than ten (10) days after the period when, pursuant to contract, the vehicle was to remain on the premises, and any motor vehicle left for more than ten (10) days in the garage by someone other than the registered owner or left by a person authorized to have possession of the motor vehicle, shall be deemed an abandoned vehicle and shall be reported by the garage keeper to the police department. Any garage keeper who fails to report the possession of the vehicle within ten (10) days after it becomes abandoned within the meaning of this section shall no longer have any claim for storage of the vehicle.
  2. All abandoned vehicles left in garages may be taken into custody by the police department and sold in accordance with the procedures set forth in this chapter unless the motor vehicle is reclaimed and the garage keeper is paid. The proceeds of the sale shall be first applied to the garage keepers’ charges for storage and any surplus proceeds shall be distributed in accordance with § 31-42-4 . Except for the termination of a claim for storage for failure to report an abandoned motor vehicle, nothing in this section shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of a lienholder to foreclose.
  3. For the purposes of this section, “garage keeper” means any operator of a parking place establishment or motor vehicle storage facility.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-6. Unlicensed junkyards.

When the director of the department of environmental management determines that an unlicensed junkyard exists, he or she may order the demolition and removal of the junked motor vehicles which are contained on the unlicensed premises. Notice of the order shall be sent by ordinary mail to the last and usual place of abode of the owner of the land where the unlicensed junkyard exists to demolish and remove the junked motor vehicles within a prescribed time (not to exceed three (3) months). If the demolition and removal of the junked motor vehicles does not occur within the time specified in the order, the director of the department of environmental management may then enter upon the premises or establishment and demolish and remove the junked motor vehicles without further notice.

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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-7. Disposal to demolishers.

  1. Any person, firm, corporation, or unit of government upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose registration is faulty, lost, or destroyed may apply to the police department of the jurisdiction in which the vehicle is situated for authority to sell, give away, or dispose of the vehicle to a demolisher.
  2. The application shall set out the name and address of the applicant, the year, make, model, and serial number of the motor vehicle, if ascertainable, together with any other identifying features, and shall contain a concise statement of the facts surrounding the abandonment, or that the registration of the motor vehicle is lost or destroyed, or the reasons for the defect in registration of the owner. The applicant shall execute an affidavit stating that the facts alleged in it are true and that no material fact has been withheld.
  3. If the police department finds that the application is executed in proper form, and shows that the motor vehicle has been abandoned upon the property of the applicant or if it shows that the motor vehicle is not abandoned but that the applicant appears to be the rightful owner, the police department shall follow the notification procedures set forth in § 31-42-3 .
  4. If the abandoned motor vehicle is not reclaimed in accordance with § 31-42-3 , the police department shall give the applicant a certificate of authority to sell the motor vehicle to any demolisher for demolition, wrecking, or dismantling. The demolisher shall accept the certificate in lieu of the registration of the motor vehicle.
  5. Notwithstanding any provisions of this chapter, the general laws of the state of Rhode Island, public laws of the state of Rhode Island, or municipal ordinances, any person, firm, corporation, or unit of government upon whose property or in whose possession is found any abandoned motor vehicle, or any person who is the owner of a motor vehicle whose registration is faulty, lost, or destroyed, may dispose of the motor vehicle to a demolisher without a registration and without notification procedure of § 31-42-3 , if the motor vehicle is over eight (8) years old or has no engine or is otherwise totally inoperable. Any demolisher who purchases or acquires any motor vehicle for the purpose of demolition and removal may demolish it on the premises where they are located.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-8. Duties of demolishers.

  1. Any demolisher who purchases or otherwise acquires a motor vehicle for purposes of wrecking, dismantling, or demolition shall not be required to obtain a registration for the motor vehicle in his or her own name. After the motor vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the registration or auction sales receipt. The state division of motor vehicles shall issue any forms, rules, and regulations governing the surrender of auction sales receipts and registrations that are appropriate.
  2. A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received by the demolisher in the course of his or her business. These records shall contain the name and address of the person from whom the motor vehicle was purchased or received and the date when the purchases or receipts occurred. The records shall be open for inspection by any police department at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies.
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>>>>>>> origin/main History of Section. P.L. 1971, ch. 234, § 1.

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>>>>>>> origin/main 31-42-9. Unidentifiable motor vehicles and/or parts.

Notwithstanding the age of a motor vehicle and/or part from which all identifying numbers have been removed so that the identity of the motor vehicle and/or part and its owner cannot be determined, the motor vehicle and/or part shall be subject to a forfeiture hearing before a judge sitting in the district court. After this hearing, the motor vehicle and/or part shall be forfeited to the unit of government that recovered it. The court may also order the division of motor vehicles to issue a special vehicle identification number and an appropriate title certificate for a forfeited motor vehicle.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 221, § 12; P.L. 1984, ch. 263, § 1.

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>>>>>>> origin/main 31-42-10. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1988, ch. 191, § 1; Repealed by P.L. 1994, ch. 328, § 2, effective July 12, 1994.

Compiler’s Notes.

Former § 31-42-10 concerned special procedures regarding the disposal of abandoned motor vehicles of no value.

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>>>>>>> origin/main 31-42-11. Penalties — Costs.

Any person who violates the provisions of this chapter regarding abandoned motor vehicles on private property, shall be fined not more than five hundred dollars ($500). In addition, the violator shall be responsible for all costs relating to the approval and disposal of the abandoned motor vehicle paid by the private property owner or local municipality.

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>>>>>>> origin/main History of Section. P.L. 1989, ch. 236, § 1.

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>>>>>>> origin/main 31-42-12. City of Pawtucket — Designee.

In the city of Pawtucket, the police department or its designee shall have the authority to carry out the provisions of this chapter.

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>>>>>>> origin/main History of Section. P.L. 2002, ch. 80, § 1.

Chapter 43 Administrative Adjudication Court [Repealed.]

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>>>>>>> origin/main 31-43-1 — 31-43-1.2. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 453, § 33; P.L. 1994, ch. 42, § 7; Repealed by P.L. 1999, ch. 218, art. 1, § 1, effective July 1, 1999.

Compiler’s Notes.

Former §§ 31-43-1 — 31-43-1 .2 concerned various aspects of the administrative adjudication court. For present similar provisions, see chapter 41.1 of title 31.

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>>>>>>> origin/main 31-43-1.3. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 453, § 3; Repealed by P.L. 1998, ch. 91, § 2, effective October 1, 1998.

Compiler’s Notes.

Former § 31-43-1.3 concerned making the administrator/clerk of the administrative adjudication court and two deputies agents of the registrar of motor vehicles for specified purposes.

P.L. 1998, ch. 91, art. 1, which repealed this section, further provides in § 4: “Any general law or public law to the contrary notwithstanding, all employees of the administrative adjudication court assigned to that court’s operator control section, and the alcohol and drug safety unit, deemed by the registrar of motor vehicles, with the approval of the chief justice of the supreme court, to be essential to the operation of the registry of motor vehicles in connection with its performance of functions previously performed by personnel of the administrative adjudication court pursuant to § 31-43-1.3 of the general laws are hereby transferred to the said registry of motor vehicles. The salaries, job classifications and job categories of all employees so transferred shall be the same as employees of the registry of motor vehicles as they had been as employees of the administrative adjudication court immediately before such transfer. The registrar of motor vehicles shall assign appropriate titles and duties to said employees. All books, papers, records, current appropriations and relevant property necessary for the functioning of the registry of motor vehicles shall be transferred thereto from the administrative adjudication court. The registry of motor vehicles and the administrative adjudication court shall share all data required by the registry of motor vehicles including, but not limited to, all electronic data regarding the functions of licensing of persons and vehicles. The cost of such data shall be shared on a pro rata basis.”

P.L. 1998, ch. 91, art. 1, § 1 provides that it is the intent of the general assembly to abolish the administrative adjudication court by July 1, 1999. See the compiler’s note under § 31-43-1 .

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>>>>>>> origin/main 31-43-2 — 31-43-7. Repealed.

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>>>>>>> origin/main History of Section. These sections (P.L. 1974, ch. 41, § 1; P.L. 1975, ch. 122, § 1; P.L. 1976, ch. 140, § 17; P.L. 1978, ch. 217, §§ 2, 4; P.L. 1980, ch. 320, § 1; P.L. 1981, ch. 145, § 1; P.L. 1981, ch. 224, § 1; P.L. 1982, ch. 222, § 1; P.L. 1982, ch. 400, § 1; P.L. 1983, ch. 81, § 2; P.L. 1983, ch. 189, §§ 2, 3; P.L. 1984, ch. 228, § 2; P.L. 1985, ch. 188, § 1; P.L. 1987, ch. 375, § 2; P.L. 1987, ch. 501, § 1; P.L. 1987, ch. 570, § 1; P.L. 1988, ch. 339, § 1; P.L. 1988, ch. 569, § 3; P.L. 1989, ch. 274, § 3; P.L. 1990, ch. 65, art. 57, § 4; P.L. 1992, ch. 133, art. 37, § 5; P.L. 1992, ch. 453, § 4; P.L. 1992, ch. 488, § 3; P.L. 1994, ch. 70, art. 35, § 8; P.L. 1995, ch. 370, art. 40, § 105; Repealed by P.L. 1999, ch. 218, art. 1, § 1, effective July 1, 1999.

Compiler’s Notes.

Former §§ 31-43-2 — 31-43-7 concerned various aspects of the administrative adjudication court. For present similar provisions, see chapter 41.1 of title 31.

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>>>>>>> origin/main 31-43-8. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 189, § 2; Repealed by P.L. 1992, ch. 453, § 5, effective September 1, 1992.

Compiler’s Notes.

Former § 31-43-8 concerned severability.

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>>>>>>> origin/main 31-43-9 — 31-43-17. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 218, § 1; P.L. 1984, ch. 376, § 2; P.L. 1985, ch. 458, § 2; P.L. 1987, ch. 118, art. 15, § 5; P.L. 1988, ch. 129, art. 22, § 5; P.L. 1989, ch. 76, § 1; P.L. 1989, ch. 494, §§ 9, 10; P.L. 1990, ch. 507, §§ 8, 9; P.L. 1991, ch. 129, § 6; P.L. 1991, ch. 174, § 6; P.L. 1992, ch. 453, §§ 6, 7; P.L. 1995, ch. 323, § 40; P.L. 1997, ch. 93, §§ 5, 6; Repealed by P.L. 1999, ch. 218, art. 1, § 1, effective July 1, 1999.

Compiler’s Notes.

Former §§ 31-43-9 — 31-43-17 concerned various aspects of the administrative adjudication court. For present similar provisions, see chapter 41.1 of title 31.

Chapter 44 Mobile and Manufactured Homes

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>>>>>>> origin/main 31-44-1. Definitions.

As used in this chapter:

  1. “Department” means the department of business regulation.
  2. “Director” means the director of the department of business regulation.
  3. “Entry requirements” means any written, nondiscriminatory criteria for resident selection incorporated into the rules and regulations of a mobile- and manufactured-home park which are equally applied by the licensee to all purchasers and prospective residents.
  4. “Fee schedule” means an itemized list of fees for goods or services sold or performed by a mobile- and manufactured-home park licensee including, but not limited to, the entrance fee, hook-up fee, and maintenance fee, if any.
  5. “Hook-up fee” means a reasonable fee for the services required to install a mobile and manufactured home on a mobile- and manufactured-home space or lot. The charge shall include the cost of connecting water and sewer lines, electrical connections, tie-downs, removal of wheels or axles, steps, if necessary, and other necessary services, including, but not limited to, the creation of new pads or piers.
  6. “Household” means one or more persons occupying a housing unit.
  7. “Licensee” means any person or agent licensed under § 31-44-1.6 who is directly or indirectly engaged in the business of selling mobile and manufactured homes or who operates and maintains a mobile- and manufactured-home park under the provisions of this chapter.
  8. “Mobile and manufactured home” means a detached residential unit designed:
    1. For a long term occupancy and containing sleeping accommodations, a flush toilet, and a tub or shower bath and kitchen facilities, and having both permanent plumbing and electrical connections for attachment to outside systems;
    2. To be transported on its own wheels or on a flatbed or other trailer or detachable wheels; and
    3. To be placed on pads, piers, or tied down, at the site where it is to be occupied as a residence complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and connection to utilities systems.
  9. “Mobile- and manufactured-home park” or “park” means a plot of ground upon which four (4) or more mobile and manufactured homes, occupied for residential purposes are located.
  10. “Mobile- and manufactured-home space or lot” means a plot of ground within a mobile- and manufactured-home park designed for the accommodation of one mobile and manufactured home.
  11. “Owner” means a licensee or permittee or any person who owns, operates, or maintains a mobile- and manufactured-home park.
  12. “Prospective resident” means an applicant for admission to a mobile- and manufactured-home park who is ready, willing, and able to buy a mobile and manufactured home owned and offered for sale by a licensee or resident, and who is able to meet the entrance requirements of the rules of the park.
  13. “Protected lawful action” means any report of a violation of this chapter, or of any applicable building or health code, or any other justified complaint to a governmental authority, or any other justified lawful act by the resident(s) or prospective resident(s).
  14. “Qualified sale” means the sale of a mobile- and manufactured-home park to a resident organization with the goal of resident ownership by at least fifty-one percent (51%) of the homeowner households residing in the park.
  15. “Reprisal” means any act taken against the resident(s) which is intended as a penalty for any protected lawful action taken by the resident(s).
  16. “Resident” means an owner or renter occupying a mobile and manufactured home in a mobile- and manufactured-home park with the consent of the owner as defined in subdivision (11) of this section.
  17. “Resident organization” means a group of mobile- and manufactured-home park residents who have formed a nonprofit corporation, cooperative corporation, or other entity or organization for the purpose of acquiring the mobile home park in which they reside and converting the mobile home park to resident ownership.
  18. “Resident ownership” means, depending on the context, either the ownership, by a resident organization, as defined in this section, of an interest in a mobile- and manufactured-home park which entitles the resident organization to control the operations of the mobile home park, or the ownership of individual interests in a mobile home park, or both.
  19. “Security deposit” means a sum not to exceed the monthly rental which a licensee may require a resident of a rented mobile or manufactured home to deposit as security in case of damage caused by the resident in excess of ordinary wear and tear.
  20. “Standards for mobile and manufactured homes” means any written, nondiscriminatory minimum specifications for structural soundness, safety, and habitability adopted by the department or any other government agency.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1985, ch. 150, § 41; P.L. 1993, ch. 309, § 1; P.L. 1994, ch. 198, § 1; P.L. 1995, ch. 134, § 2; P.L. 1999, ch. 248, § 1; P.L. 2012, ch. 364, § 1; P.L. 2012, ch. 391, § 1.

Compiler’s Notes.

P.L. 2012, ch. 364, § 1, and P.L. 2012, ch. 391, § 1 enacted identical amendments to this section.

Repealed Sections.

The former chapter (P.L. 1975, ch. 280, § 1; G.L. 1956, §§ 31-44-1 — <<<<<<< HEAD 31-44-1 0; P.L. 1981, ch. 271, § 1; P.L. 1982, ch. 223, §§ 1-3), concerning mobile homes, was repealed by P.L. 1984, ch. 382, § 1, effective July 1, 1985. ======= 31-44-10 ; P.L. 1981, ch. 271, § 1; P.L. 1982, ch. 223, §§ 1-3), concerning mobile homes, was repealed by P.L. 1984, ch. 382, § 1, effective July 1, 1985. >>>>>>> origin/main

NOTES TO DECISIONS

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Reprisal

Judgment for a tenant on a claim of reprisal was error where the trial court failed to make a finding on whether the tenant had the benefit of the presumption of reprisal, where the court concluded that the landlord’s objective in eviction litigation was to rid herself of the tenant, and where there was no finding that the eviction proceedings were primarily intended as a penalty. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

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Reprisal

Judgment for a tenant on a claim of reprisal was error where the trial court failed to make a finding on whether the tenant had the benefit of the presumption of reprisal, where the court concluded that the landlord’s objective in eviction litigation was to rid herself of the tenant, and where there was no finding that the eviction proceedings were primarily intended as a penalty. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

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Collateral References.

Validity, construction, and application of mobile home eviction statutes. 43 A.L.R.5th 705.

What is “mobile home,” “house trailer,” “trailer house,” or “trailer” within meaning of restrictive covenant. 83 A.L.R.5th 651.

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>>>>>>> origin/main 31-44-1.1 — 31-44-1.3. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 216, § 1; P.L. 1993, ch. 309, §§ 4, 5; Repealed by P.L. 1995, ch. 134, § 1, effective July 1, 1995.

Compiler’s Notes.

Former §§ 31-44-1.1 — 31-44-1.3 concerned the mobile and manufactured home commission, terms of members, and meetings and quorums.

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>>>>>>> origin/main 31-44-1.4. Powers and duties of department.

  1. The department may:
    1. Interpret and implement the provisions of this chapter and the applicable provisions of chapter 44.1 of this title;
    2. Act for the purpose of promoting a uniform policy relating to all phases of mobile and manufactured home business and use;
    3. Monitor and determine the sufficiency of the state Mobile and Manufactured Home Act under this chapter as well as local mobile and manufactured home ordinances which are designed to provide local governments with superintending control over mobile and manufactured home business or use and to make recommendations to it; and
    4. Conduct public hearings relating to these advisory responsibilities.
  2. The department shall:
    1. Monitor the implementation of statutes and regulations affecting mobile and manufactured homes;
    2. Make investigations and conduct or authorize periodic surveys to determine compliance with this chapter;
    3. All departments of state government are authorized to provide assistance to the department as the department requires;
    4. Conduct a public education program to improve public perception and local acceptance of mobile and manufactured homes and to promote them as affordable housing; and
    5. Study additional issues related to mobile and manufactured homes and periodically disseminate acquired information.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1991, ch. 216, § 2; P.L. 1991, ch. 357, § 1; P.L. 1993, ch. 309, § 1; P.L. 1995, ch. 134, § 2.

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>>>>>>> origin/main 31-44-1.5. Mobile and manufactured home advisory information.

The department may publish and promote mobile and manufactured home advisory information based on this chapter and other issues as set forth in § 31-44-1.4 . The information shall consist of:

  1. A general interpretation of the rights and responsibilities of mobile and manufactured home park licensees and mobile home owners and residents as established by this chapter; and
  2. Local state and federal standards to protect the health, safety, and welfare of mobile and manufactured home park residents.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 1995, ch. 134, § 2.

NOTES TO DECISIONS

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Reasonableness of Standards.

Roof and width standards, which were not shown to have any impact upon the health, safety, or welfare of a mobile home park’s residents but instead appeared to reflect the aesthetic preferences of the park’s owners, were unreasonable. Andrews v. Brown, 603 A.2d 335, 1992 R.I. LEXIS 40 (R.I. 1992).

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Reasonableness of Standards.

Roof and width standards, which were not shown to have any impact upon the health, safety, or welfare of a mobile home park’s residents but instead appeared to reflect the aesthetic preferences of the park’s owners, were unreasonable. Andrews v. Brown, 603 A.2d 335, 1992 R.I. LEXIS 40 (R.I. 1992).

>>>>>>> origin/main 31-44-1.6. Fees and charges for licenses.

  1. The department of business regulation shall promulgate rules to establish fees and charges for the issuance of licenses or permits required in this chapter.
  2. The fees and charges under this chapter shall be applied solely to fulfilling the various responsibilities of the department as specified within this chapter.
  3. All fees and charges collected by the department under this chapter shall be deposited as general revenues.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 1995, ch. 370, art. 40, § 106; P.L. 1999, ch. 248, § 1.

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>>>>>>> origin/main 31-44-1.7. Mobile and manufactured home park operation — License.

  1. A person shall not operate a mobile and manufactured home park without a license.
  2. Upon completion, review, and approval of certifications, the department of business regulation shall grant a license to operate a mobile and manufactured home park.
  3. An annual license shall be granted and renewed by the department based upon the filing of:
    1. Leases and regulations that are applicable to the park;
    2. Certification by the municipality in which the park is located that it is in compliance with all applicable land use regulations of the municipality;
    3. Certification from the appropriate state agencies or municipal departments that the park has an adequate and operational sewage disposal system and water supply and that all applicable state and local taxes have been paid;
    4. Payment of an annual fee of fifteen dollars ($15.00) per occupied site in the park; and
    5. The applicant files a fee schedule with the department.
  4. Certifications for individual sewage disposal systems (ISDS) regulated by the department of environmental management shall be provided by an ISDS designer, licensed pursuant to § 5-56-1 , who possesses the appropriate class of license for the type and size of system to be certified and any costs for these certifications shall be the responsibility of the licensee. The director of the department may by regulation provide for additional requirements and may place reasonable conditions on the grant of any license.
  5. If a person submits a timely application for renewal of a license and pays the appropriate fees, the person may continue to operate a mobile and manufactured home park unless notified that the application for renewal is not approved. In the event anyone is denied a license he or she will be afforded a hearing before the department.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 1998, ch. 130, § 1; P.L. 1999, ch. 248, § 1.

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>>>>>>> origin/main 31-44-1.8. Survey of parks.

The department of health or its authorized representatives shall conduct a survey every three (3) years of mobile and manufactured home parks.

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1985, ch. 487, § 1.

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>>>>>>> origin/main 31-44-2. Evictions — Termination of tenancy.

  1. A tenancy may be terminated by a park owner or operator pursuant to chapter 18 of title 34, provided, that jurisdiction as it relates to this chapter shall be in the district court but subject to one or more of the following reasons and limitations which shall take precedence over any conflicting state statute or local ordinance:
    1. Nonpayment of rent, utility charges, or reasonable incidental service charges. No action for possession shall be maintained if prior to the expiration of a notice to quit the tenant shall pay or tender all arrearages due, including a late charge of five percent (5%) of the monthly rent due after a seven (7) day grace period for the rental payment has elapsed.
    2. Failure of the tenant to comply with local ordinances or state or federal law or regulations relating to mobile and manufactured homes or mobile and manufactured home parks. The tenant is first given written notice of his or her failure to comply with the laws or regulations and a reasonable opportunity thereafter to comply with the laws or regulations.
    3. Damage by the tenant to the demised property, reasonable wear and tear excepted.
    4. Repeated conduct of the tenant, upon the mobile and manufactured home park premises, which disturbs the peace and quiet of other tenants in the mobile and manufactured home park.
    5. Failure of the tenant to comply with reasonable written rules and regulations of the mobile and manufactured home park as established by the park owner or operator in the rental agreement at the inception of the tenancy or as amended subsequently with the written acknowledgement that the tenant has seen the amended rules, or without his or her consent upon three (3) months written notice; provided that the tenant is first given written notice of his or her failure to comply and a reasonable opportunity thereafter to comply with the rules and regulations. Nothing in this section, however, shall be construed to permit a park owner or operator to vary the terms of a written or oral rental agreement without notification to the tenant.
    6. Condemnation or change of use of the mobile and manufactured home park.
  2. No tenancy, however created, in a mobile and manufactured home park may be terminated by a mobile and manufactured home park owner or operator except upon giving notice in writing to the tenant in the manner prescribed in this chapter to remove from the premises within a period of not less than sixty (60) days; provided that upon grounds of nonpayment of rent, a tenancy may be terminated upon giving thirty (30) days notice.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 2000, ch. 109, § 45.

NOTES TO DECISIONS

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Common Law Actions.

A landlord could not make a holdover claim based on common law once she had admitted that the conditions of the eviction statute, enacted eight years before the tenancy in question, had not been fulfilled, since common law was superseded by the statute. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

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Common Law Actions.

A landlord could not make a holdover claim based on common law once she had admitted that the conditions of the eviction statute, enacted eight years before the tenancy in question, had not been fulfilled, since common law was superseded by the statute. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

>>>>>>> origin/main 31-44-3. Rules and regulations.

The following requirements and restrictions shall apply to all mobile- and manufactured-home parks:

  1. A mobile- and manufactured-home park licensee shall promulgate reasonable rules and regulations that shall specify standards for mobile and manufactured homes in the park, entry requirements, and rules governing the rental or occupancy of a mobile- and manufactured-home lot and mobile- and manufactured-home park;
  2. Current rules and regulations promulgated by a mobile- and manufactured-home park licensee shall be delivered by the licensee to a prospective resident prior to entering into a rental agreement, and to the resident(s) as soon as promulgated and whenever revised. A copy of the rules and regulations shall be filed with the director and posted in a conspicuous place in the mobile- and manufactured-home park;
  3. Any rule or change in rent that does not apply uniformly to all mobile- and manufactured-home residents of a similar class shall create a rebuttable presumption that the rule or change in rent is unreasonable;
    1. A mobile- and manufactured-home park licensee shall not impose any conditions of rental or occupancy that restricts the mobile- and manufactured-home owner in his or her choice of a seller of fuel, furnishings, goods, services, accessories, or other utilities connected with the rental or occupancy of a mobile- and manufactured-home lot;
    2. The licensee who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned utility or who purchases water from a water system for the purpose of supplying or reselling the electricity or gas to any other person to whom he leases, lets, rents, subleases, sublets, or subrents the premises upon which the electricity, gas, or water is to be used, shall not charge, demand, or receive directly or indirectly, any amount for the resale of any electricity, gas, or water greater than that amount charged by the public utility or municipally owned utility from which the electricity, gas, or water was purchased or by the public water system from which the water was purchased;
    3. However, if the licensee incurs costs in bringing the utility service to individual units, or in utilizing individual meters, or in some similar cost, the licensee will be entitled to a return for the investment;
    4. The park operator shall post in a conspicuous place the prevailing utility rate schedule as published by the serving utility;
  5. If any mobile- and manufactured-home park licensee adds, changes, deletes, or amends any rule governing the rental or occupancy of a mobile- and manufactured-home lot in a mobile- and manufactured-home park, a new copy of all those rules shall be furnished to all mobile- and manufactured-home residents in the park, and filed with the department for its review, recommendations, and recording for future reference at least forty-five (45) days prior to the effective date of the addition, change, deletion, or amendment. The new copy furnished to the resident shall be signed by both the mobile- and manufactured-home park owner and the mobile- and manufactured-home park resident. Any mobile park resident who believes the rule change is in violation of the chapter, may file a complaint with the director in accordance with § 31-44-17 . The complaint shall be filed within twenty (20) days of receipt of written notice of the change. The complaint shall specify the rule in dispute and contain the basis by which the change violates this chapter;
  6. If any mobile- and manufactured-home park licensee changes the rent or fees associated with a mobile- and manufactured-home lot, notice of the change shall be given to the mobile- and manufactured-home resident at least sixty (60) days prior to the effective date of the change. Any mobile park resident who believes that the rule change is in violation of this chapter, may file a complaint with the director in accordance with § 31-44-17 . The complaint shall be filed within twenty (20) days after receipt of written notice of the change. The complaint shall specify the basis by which the change violates this chapter;
  7. The owners of individual mobile and manufactured homes shall be entitled to have as many occupants in their homes as is consistent with the number of bedrooms and/or bed spaces certified by the manufacturer; provided that the occupancy does not violate any provision of the general laws or other municipal regulations. All bedrooms shall consist of a minimum of fifty square feet (50 sq. ft.) of floor area and bedrooms designed and certified for two (2) or more people shall consist of seventy square feet (70 sq. ft.) of floor area plus fifty square feet (50 sq. ft.) for each person in excess of two (2). If there is sufficient bed space, according to the criteria set forth in this subdivision, additional rent or charges may not be imposed by a park owner or manager for any person or persons moving in with current resident owners of a mobile and manufactured home;
  8. A prospective resident shall not be charged an entrance fee for the privilege of leasing or occupying a mobile- and manufactured-home lot, except as provided in § 31-44-4 ; provided, that when a mobile and manufactured home is transported onto the mobile- and manufactured-home park, an entrance fee may be charged. However, if the park owner received a commission for the sale of the mobile and manufactured home, no entrance fee shall be charged. A reasonable charge for the fair value of the owner’s cost in obtaining, preparing, and maintaining a lot, or for the fair value of services performed in placing a mobile and manufactured home on a lot, shall not be considered an entrance fee, but shall be deemed a hook-up fee or maintenance fee and shall be detailed in the fee schedule. No tenant, or person seeking space in a mobile- and manufactured-housing park, shall be required to purchase manufactured housing from any particular person unless the person designated is the park owner or operator and the requirement is imposed only in connection with the initial leasing or renting of a newly-constructed lot or space not previously leased or rented to any other person. A resident may remove and replace a mobile and manufactured home; provided, that the resident shall install the mobile and manufactured home in accordance with present park standards regarding structural requirements and aesthetic maintenance in the mobile- and manufactured-home park where the replacement occurs, and in accordance with minimum standards for mobile and manufactured homes established by the United States Department of Housing and Urban Development. No fee shall be charged by the licensee to residents as a result of the resident’s installation of cable television;
  9. Prior to signing a lease, a licensee shall disclose, in writing, to the prospective resident:
    1. The rental for the space or lot; and
    2. Any charges, including service charges, imposed by the licensee. The licensee shall disclose the rent and charges that were in effect during the three (3) preceding years, or the period during which the licensee has operated the mobile home park, whichever is shorter;
  10. A copy of the fee schedule shall be filed with the commission and posted in a conspicuous place in the mobile- and manufactured-home park; and
    1. A resident shall not be charged a fee for keeping a pet in a mobile- and manufactured-home park unless the park owner or management actually provides special facilities or services for pets. If special pet facilities are maintained by the park owner or management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park;
    2. If the park owner or management of a mobile- and manufactured-home park implements a rule or regulation prohibiting residents from keeping pets in the park, the new rule or regulation shall not apply to prohibit the residents from continuing to keep the pets currently in the park if the pet otherwise conforms with the previous park rules or regulations relating to pets. However, if the pet dies, the resident shall have the right to replace the pet;
    3. Any rule or regulation prohibiting residents from keeping pets in a mobile- and manufactured-home park shall not apply to guide, signal, or service animals;
  12. Any board or commission vested with governing powers over a mobile- or manufactured-home community, including resident-owned and nonresident-owned mobile home park resident associations, shall establish and/or adhere to fair and impartial written guidelines and bylaws for conducting elections that have been provided to all residents of the mobile home park at least forty-five (45) days prior to any election. The written guidelines and bylaws shall ensure transparency in the election process with reasonable and meaningful notice to, and participation of, all residents. The department is authorized to promulgate rules and regulations necessary to implement this subsection.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1985, ch. 88, § 2; P.L. 1985, ch. 414, § 1; P.L. 1987, ch. 116, § 1; P.L. 1991, ch. 217, § 1; P.L. 1992, ch. 347, § 1; P.L. 1993, ch. 287, § 1; P.L. 1993, ch. 309, § 1; 1994, ch. 182, § 1; P.L. 1999, ch. 248, § 1; P.L. 2009, ch. 119, § 1; P.L. 2009, ch. 146, § 1; P.L. 2014, ch. 349, § 1; P.L. 2014, ch. 378, § 1; P.L. 2016, ch. 512, art. 1, § 19.

Compiler’s Notes.

P.L. 2014, ch. 349, § 1, and P.L. 2014, ch. 378, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-44-3.1. Sale of mobile home parks — Tenants association right of first refusal.

  1. In any instance in which a mobile home park owner has been sent a certified letter from an incorporated home owner households association indicating that the association has at least fifty-one percent (51%) of the home owner households residing within that park as members, and has articles of incorporation specifying all rights and powers, including the power to negotiate for, acquire, and operate the mobile home park on behalf of the member residents, then, before a mobile home park may be sold for any purpose and before it may be leased for any purpose that would result in a discontinuance, the owner shall notify the association by certified mail return receipt requested of any bona fide offer that the owner intends to accept, to buy the park or to lease it for a use that would result in a discontinuance. The park owner shall also give notice by certified mail return receipt requested to the incorporated homeowners’ association of any intention to sell or lease the park for a use which will result in a discontinuance within fourteen (14) days of any advertisement or other public notice by the owner or his or her agent that the park is for sale or the land upon which the park is located is for lease. Nothing in this section shall limit the association from acting as an agent of the residents in any other cause of action, objective or purpose in advancing a stated purpose in the articles of incorporation of the homeowners’ association.
  2. The notice of pending bona fide sale from the owner must contain at a minimum the following if known and available and applicable to the sale:
    1. An affidavit from the buyer or lessee stating the offered purchase price or offered lease payment;
    2. The terms of seller financing, including the amount, the interest rate and its amortization rate;
    3. The terms of assumable financing, if any, including the amount, the interest rate and its amortization rate;
    4. The legal description and a statement of appraised or assessed value of property included in any land trade involved in the sale of the park;
    5. Proposed improvements to the property to be made by the owner in connection with the sale, or other economic concessions by the owner in connection with the sale, if any;
    6. A statement that the owner will allow reasonable access to the property by parties involved in the potential purchase including, but not limited to, the tenants’ association, consultants, and lenders;
    7. A statement that the owner will make available to the residents copies of any easements either on or off the property to which the owner is a party and copies of all permits or licenses in force within seven (7) days of a signed purchase and sale agreement with the residents;
    8. A statement that the owner will make available to the residents a survey and legal description of the park, plus an itemized list of monthly operating expenses, utility consumption rates, taxes, insurance and capital expenditures for each of the past three (3) years within seven (7) days of a signed purchase and sale agreement with the residents;
    9. A statement that the owner will make available to the tenants’ association the most recent rent roll, a list of tenants, a list of vacant units and a statement of the vacancy rate at the park for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents;
    10. A statement that the owner will make available to the tenants’ association any available data relating to the past and present existence of hazardous waste either on the property or in close proximity within seven (7) days of a signed purchase and sale agreement with the residents;
    11. A statement that the owner will make available to the tenants’ association any available data relating to the water, sewer and electrical systems of the park within seven (7) days of a signed purchase and sale agreement with the residents;
    12. A statement that the owner will make available to the tenants’ association all income and operating expenses relating to the property to be purchased for the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement with the residents and any other information that may be required by the lender. Any additional information that is required by the lender shall be kept strictly confidential.
  3. Any incorporated home owners’ association entitled to notice under this section shall have the right to purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third party bona fide offer to lease, the park, provided it meets the same price and the same terms and conditions of any offer of which it is entitled to notice under this section by:
    1. Executing a contract or purchase and sale or lease agreement with the owner within forty-five (45) days of notice of the offer; and
    2. Obtaining any necessary financing or guarantees within an additional one hundred thirty-five (135) days.
  4. No owner shall unreasonably refuse to enter into, or unreasonably delay the execution of a purchase and sale or lease agreement with a home owners’ association that has made a bona fide offer to meet the same price and the same terms and conditions of an offer for which notice is required to be given pursuant to this section.
  5. The deposit monies must be credited to the purchase price of the mobile home park.
  6. The incorporated home owners’ association will use diligent efforts to obtain a commitment for financing from a lender by making immediate application for financing upon signing of the purchase and sale agreement. In the event that the incorporated home owners’ association, with the exercise of reasonable efforts, is unable to obtain necessary financing or comply with other contingencies of the purchase and sale agreement, the incorporated home owners’ association shall immediately notify the park owner and the deposit shall be returned to the incorporated home owners’ association.
  7. If the incorporated home owners’ association shall default in the performance of its obligations as a purchaser under the terms of the purchase and sale agreement, the park owner shall have, as sole and exclusive remedy for the default, the right to retain the deposit as liquidated damages in full settlement and discharge of all obligations of the incorporated home owners’ association without further recourse in law or equity.
  8. Failure of the incorporated home owners’ association to execute a purchase and sale agreement or lease within the forty-five (45) day period or to obtain a binding commitment for financing within the one hundred thirty-five (135) day period shall serve to terminate the right of the association to purchase or lease the mobile park home.
  9. Residents shall have a total of one hundred eighty (180) days from the receipt of notice of a bona fide sale to complete a transaction under the right of first refusal legislation. Any delays by the seller in supplying requested information as stated in this legislation or any delay resulting from litigation involving the sale and/or litigation affecting the marketability of the title of the mobile home park shall result in the same number of days over the due date being added to the one hundred eighty (180) days available to the residents for a right of first refusal purchase unless the litigation is frivolous and prompted for the sole purpose of delay by the home owners association.
  10. The time periods provided in this section may be extended by agreement of the association and the owner.
  11. Nothing in this section shall be construed to require an owner to provide financing to any association or to prohibit an owner from requiring an association which is offering to lease a park to have within its possession a sum equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of that sum, of an amount necessary to pay the rent on the park for a period of no greater than two (2) years, be kept in escrow for that purpose during the term of the lease.
  12. The right of first refusal created in this section shall inure to a home owners’ association for the time periods provided in this section, beginning on the date of notice to the home owners’ association. The effective period of the right of first refusal shall apply separately for each substantially different bona fide offer to purchase the park or to lease it for a purpose that would result in a discontinuance, and for each offer the same as an offer made more than three (3) months prior to the later offer. However, in the case of the same offer made by a prospective buyer who has previously made an offer for which notice to a home owners’ association was required by this section, the right of first refusal shall apply only if the subsequent offer is made more than six (6) months after the earlier offer. The right of first refusal shall not apply with respect to any offer received by the owner for which notice to a home owners’ association is not required pursuant to this section.
  13. No right of first refusal shall apply to a government taking by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, devise, or operation of law, or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of a park owner.
  14. In any instance in which the incorporated home owners’ association of a mobile home park is not the successful purchaser or lessee of the mobile home park, the seller or lessor of the park shall prove compliance with this section by filing an affidavit of compliance in the official land evidence records of the city or town where the property is located within seven (7) days of the sale or lease of the park.
  15. In any instance in which the incorporated homeowners’ association of a mobile home park is the successful purchaser or lessee of the mobile home park, the association shall have the right to distinguish in terms of lease conditions and rent and fees as between members of said association and non-members of said association. For purposes of this chapter, members of a homeowners’ association and non-members of a homeowners’ association shall not be deemed residents of a similar class.
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>>>>>>> origin/main History of Section. P.L. 1987, ch. 136, § 1; P.L. 1992, ch. 384, § 1; P.L. 1993, ch. 309, § 1; P.L. 1994, ch. 198, § 1; P.L. 1998, ch. 57, § 1; P.L. 2001, ch. 86, § 95.

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>>>>>>> origin/main 31-44-3.2. Mobile home parks — Discontinuance.

    1. In any instance in which a mobile home park is to be sold or leased for any purpose which would result in a discontinuance of the mobile home park, the mobile home park owner shall give at least one year written notice by certified mail return receipt requested to each mobile home resident of the proposed sale or lease.
    2. The mobile home park owner shall pay to any resident who is entitled to receive notice pursuant to this section, relocation benefits of up to four thousand dollars ($4,000) or the actual relocation expenses incurred, whichever is less. The relocation benefits shall be payable within ten (10) days of the departure of the resident and the removal of the mobile home unit from the park. In the event that the resident fails to remove the unit from the park and the park owner is required to remove the unit, the relocation benefits shall be reduced by an amount equal to the documented out of pocket moving costs incurred by the park owner for the physical removal of the unit.
    3. Any mobile home park owner shall provide to each resident who is entitled to receive relocation benefits pursuant to this section, a rental agreement. The agreement shall begin on the date of the issuance of the notice of discontinuance. The provisions of the rental agreement shall not alter in any manner the tenancy arrangement existing between the park owner and resident prior to issuance of the notice of discontinuance, except with respect to the amount of annual rent, which may be increased by an amount not to exceed the increase in the consumer price index for urban consumers, published by the United States department of labor, bureau of labor statistics, from the calendar year immediately preceding the date upon which the rental agreement is commenced plus the proportionate amount of any documented increase in real estate taxes or other municipal fee or charge; provided, that the total amount of the increase shall not exceed ten percent (10%) of the annual rent charged in the immediately preceding year. Once a resident has received a notice of discontinuance, his or her rent, and fees, shall not be increased unless a year has passed from the date of the last increase imposed upon the resident.
  2. Any new resident taking up residence at the park, after the initial notice of discontinuance has been mailed, shall be given a copy of the notice in hand prior to his or her signing a lease and/or placing his or her unit in the park. The new resident shall be provided a form upon which he or she shall acknowledge in writing having received a copy of the notice.
  3. Any new resident taking up residence at the park after the initial notice of discontinuance has been mailed and who receives a copy of the notice of discontinuance provided for in the preceding paragraph shall not be entitled to any relocation benefits as provided for in this section.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 238, § 1; P.L. 2009, ch. 119, § 1; P.L. 2009, ch. 146, § 1.

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>>>>>>> origin/main 31-44-3.3. Future qualified sale of mobile- and manufactured-home community.

The qualified sale of a mobile- or manufactured-home community to a resident-owned organization is exempt from the real estate conveyance tax imposed under chapter 44-25.

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>>>>>>> origin/main History of Section. P.L. 2012, ch. 364, § 2; P.L. 2012, ch. 391, § 2.

Compiler’s Notes.

P.L. 2012, ch. 364, § 2, and P.L. 2012, ch. 391, § 2 enacted identical versions of this section.

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>>>>>>> origin/main 31-44-4. Sale of mobile and manufactured homes.

  1. No owner of a mobile and manufactured home park shall deny any resident the right to sell his or her mobile and manufactured home owned by him or her while the mobile and manufactured home is in the park or require the resident to remove the mobile and manufactured home because of the sale of the home, except as provided in this section.
  2. A mobile and manufactured home park licensee, directly or indirectly engaged in the business of selling mobile and manufactured homes, may impose conditions on the rental or occupancy of a new lot, including the right to sell the first unit or impose an entrance fee on that lot.
  3. An owner of a mobile home or manufactured home remaining within the park may utilize one of the following methods in selling the home to a qualified buyer:
    1. Sell the home through his or her own individual efforts;
    2. List the home with a licensed real estate broker at a commission not to exceed ten percent (10%);
    3. List the home with park licensee at a commission not to exceed ten percent (10%). <<<<<<< HEAD

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      >>>>>>> origin/main The mobile and manufactured home commission shall provide recommendations for screening of prospective purchasers by the park licensees.

  4. No licensee shall exact a commission or fee with respect to the price realized by the resident, except as provided in this section, unless he or she has acted as agent for the resident in a sale pursuant to a written contract.
  5. No owner of a mobile and manufactured home park shall make or enforce any rules which require any resident to sell his or her mobile and manufactured home to the owner. <<<<<<< HEAD

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    >>>>>>> origin/main No owner of a mobile and manufactured home park shall make any rule or enter into a contract, which shall abrogate or limit the tenant’s right to place “for sale” signs on or in his or her mobile manufactured housing. However, the park owner may by rule or contract provision impose reasonable limitations as to size, quality registration of the signs, requirements that the posting of the signs be pursuant to bona fide efforts to sell, and removal when the home is no longer being offered for sale. No limitation as to size or quality shall restrict the use of painted or printed signs which are two feet (2´) by two feet (2´) or less in size and which contains no more than “for sale,” “address” and “phone number”.

  6. An owner may refuse to sell a mobile and manufactured home, allow a mobile and manufactured home to remain in the park, or to approve entry to the mobile and manufactured home park for good cause. For the purpose of this section, “good cause” means a reasonable cause for the owner to believe:
    1. That the purchaser will not meet the entry requirements for the park and the entry requirements are equally applied by the owner to all purchasers and prospective residents;
    2. That the purchaser intends to utilize that purchased mobile and manufactured home for an illegal purpose or for any purpose that would disturb the quiet enjoyment of the other residents of the park;
    3. That the purchaser is or will be financially unable to pay the rent for the mobile and manufactured home space or lot upon which the purchased mobile and manufactured home is located;
    4. An owner may require the removal of a mobile home being sold whose age and condition does not meet the standards of mobile homes in the park; or
    5. No owner or operator of a mobile and manufactured home park shall require a mobile or manufactured home at the time of sale or foreclosure, which is safe, sanitary, and in conformance with aesthetic standards, to be removed from the park; provided that this clause (5) shall not apply where the owner or operator has initiated the foreclosure as mortgagee.
    6. Any resident or prospective resident who is aggrieved pursuant to this subsection, shall have the right to petition the director for a hearing within twenty (20) days of the alleged violation by the owner. Said hearing shall occur within thirty (30) days from the receipt of said petition. The director or his or her designee shall take all reasonable action to effectuate prompt resolution of said claim and shall render a decision within fifteen (15) days of the conclusion of said hearing.
  7. A mobile and manufactured home shall be presumed to be safe if it is established that the mobile and manufactured home was constructed to any nationally recognized building or construction code or standard. Failure to meet any standard or code shall raise no presumption that the mobile manufactured home is unsafe; nor may the failure be used as a reason for withholding approval of an on site sale.
  8. The mobile and manufactured home park owner shall have the burden of showing that a mobile and manufactured home is unsafe, unsanitary, or fails to meet the aesthetic standards of the development. No aesthetic standard shall be applied against a mobile and manufactured home if the standard relates to physical characteristics, such as size, original construction materials, or color which cannot be changed without undue hardship to the tenant.
  9. Any homeowner wishing to sell his or her home must request in writing a statement of the park owner’s intentions regarding the conditions of the dwelling. Within ten (10) days of the receipt of the request of the homeowner for the park owner’s intentions, the park owner must approve the home’s condition for resale or deliver a written statement specifying ways in which the home is not safe, sanitary, or in conformance with aesthetic standards. Failure of the park owner to respond within ten (10) days shall be deemed approval of the home’s condition for resale.
  10. In the event of resale or resiting of a mobile and manufactured home, the local building official in the city or town where the mobile and manufactured home is to be located shall, upon the request of either party, inspect the unit and shall issue a certificate of approval in the case of an on site sale or a certificate of occupancy in the case of resiting, to the owner of the unit, provided the authority finds the unit safe for human habitation and the site meets local zoning requirements. A fee of not more than thirty dollars ($30.00) may be charged for the inspection by building officials.
  11. No licensee shall discriminate in the treatment of tenants of mobile and manufactured homes as the result of the sale of the home, whether the tenant is the tenant prior or subsequent to the sale.
  12. Every person who sells a mobile and/or manufactured home shall warrant to the buyer that the home is free and clear of all liens and if the seller violates the warranty, then the seller shall be strictly liable to the buyer in damages.
  13. Every person who sells a mobile and/or manufactured home in this state which will be located at a mobile or manufactured home park in this state and retains a secured interest in the mobile and/or manufactured home shall file a notice of the lien with the recorder of deeds of the city or town within which the park is located as allowed by the provisions of § 34-13-8 and with the uniform commercial code division of the department of state.
  14. Prior to the execution of a purchase and sale agreement, every owner of a mobile and manufactured home park, shall disclose to the prospective purchaser the rental history for the preceding three (3) years of the land on which the home will be located.
  15. The owner of a mobile and manufactured home park shall not require the purchaser to provide the names of more than three (3) references from whom the park owner can seek information concerning the behavior and financial reliability of the purchaser; nor shall the purchaser be required to obtain a written report from any reference; the park owner shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, the park owner may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. If the park owner or management rejects a purchaser as a prospective homeowner, the ownership or management shall inform the selling homeowner in writing no later than ten (10) days of its reasons for the rejection. If the approval of a purchaser is withheld for any reason other than those stated in these articles, the park owner or management may be held liable for all damages proximately resulting in it.
  16. The park owner or management may require the right of prior approval of a purchaser of a mobile and manufactured home that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the park owner or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the park owner or management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park.
  17. If the park owner or management collects a fee or charge from a prospective purchaser of a mobile and manufactured home in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobile and manufactured home purchaser.
  18. If, for whatever reason, the prospective purchaser is rejected by the park owner or management, the park owner or management shall refund to the prospective purchaser the full amount of that fee or charge within thirty (30) days from the date of rejection. If the prospective purchaser is approved by the park owner or management, but, for whatever reason, the prospective purchaser elects not to purchase the mobile or manufactured home, the park owner or management may retain the fee, or a portion of it, to defray its administrative costs under this section.
  19. No owner or operator of a mobile and manufactured home park shall require any person as a precondition to renting, leasing, or otherwise occupying a space for mobile and manufactured housing in a mobile and manufactured home park to pay any fee of any kind, unless services are actually rendered. The park owner or management shall not perform any service unless so requested in writing.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1986, ch. 79, § 2; P.L. 1986, ch. 173, § 1; P.L. 1987, ch. 116, § 1; P.L. 1990, ch. 456, § 1; P.L. 1991, ch. 234, § 1; P.L. 1993, ch. 309, § 1; P.L. 2009, ch. 119, § 1; P.L. 2009, ch. 146, § 1.

NOTES TO DECISIONS

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Reasonableness of Standards.

Roof and width standards, which were not shown to have any impact upon the health, safety, or welfare of a mobile home park’s residents but instead appeared to reflect the aesthetic preferences of the park’s owners, were unreasonable. Andrews v. Brown, 603 A.2d 335, 1992 R.I. LEXIS 40 (R.I. 1992).

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Reasonableness of Standards.

Roof and width standards, which were not shown to have any impact upon the health, safety, or welfare of a mobile home park’s residents but instead appeared to reflect the aesthetic preferences of the park’s owners, were unreasonable. Andrews v. Brown, 603 A.2d 335, 1992 R.I. LEXIS 40 (R.I. 1992).

>>>>>>> origin/main 31-44-4.1. Recording of sale or transfer documents — Penalties.

Every deed, instrument, or writing by which an interest in any mobile or manufactured home is granted, assigned, transferred, or otherwise conveyed to, or vested in, a purchaser or purchasers, or any other person or persons, shall be filed with the recorder of deeds of the city or town in within which the mobile home or manufactured home is located, within ten (10) days after execution of the deed instrument, or writing. The fee for the filing shall be in accordance with § 34-13-7 . The city or town shall assess a fine to be determined by each city or town for failure to comply with the provisions of this section.

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>>>>>>> origin/main History of Section. P.L. 1996, ch. 319, § 1.

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>>>>>>> origin/main 31-44-5. Reprisals.

  1. No licensee shall take reprisal(s) against a resident or prospective resident or association formed pursuant to § 31-44-3.1 .
  2. An increase in rent, nonrenewal of lease, refusal to offer a lease, or termination of tenancy, taken by a licensee against a resident, prospective resident, or association within six (6) months after the resident, prospective resident, or association has taken any protected lawful action, shall create a rebuttable presumption that the act by the licensee is a reprisal. Reprisal may be pleaded as a defense in any court proceeding brought against a resident or prospective resident after he or she has taken any protected lawful action.
  3. In addition to any other remedy under this chapter, a resident, prospective resident, or association who has been the subject of a reprisal shall be entitled to the remedies provided for retaliatory actions in § 34-18-46 .
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1990, ch. 307, § 1; P.L. 1994, ch. 182, § 1; P.L. 1998, ch. 57, § 1.

NOTES TO DECISIONS

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Judgment Reversed.

Judgment for a tenant on a claim of reprisal was error since the trial court failed to make a finding on whether the tenant had the benefit of the presumption of reprisal, the court concluded that the landlord’s objective in eviction litigation was to rid herself of the tenant, and there was no finding that the eviction proceedings were primarily intended as a penalty. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

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Judgment Reversed.

Judgment for a tenant on a claim of reprisal was error since the trial court failed to make a finding on whether the tenant had the benefit of the presumption of reprisal, the court concluded that the landlord’s objective in eviction litigation was to rid herself of the tenant, and there was no finding that the eviction proceedings were primarily intended as a penalty. Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 2001 R.I. LEXIS 174 (R.I. 2001).

>>>>>>> origin/main 31-44-6. Notice of judgment.

In any action to enforce the provisions of this chapter, the clerk of the court shall mail copies of any final judgment, decree, permanent injunction, arbitration decision or order of the court upon the entry of it to the attorney general and if licenses are involved, the department of business regulation.

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1.

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>>>>>>> origin/main 31-44-7. Lease.

All terms and conditions of the occupancy must be fully disclosed in a written lease by the mobile and manufactured home park owner to any prospective mobile and manufactured home park resident at a reasonable time prior to the rental or occupancy of a mobile and manufactured home space or lot. The disclosures shall include, but shall not be limited to, the following:

  1. The licensee shall agree at all times during the tenancy to:
    1. Maintain the premises when necessary to prevent the accumulation of stagnant water;
    2. Keep each mobile and manufactured home space or lot marked in such a way that each resident will be certain of his or her area of responsibility;
    3. Keep any exterior area of the mobile and manufactured home park within his or her control, not the responsibility of each resident, free from any species of weed or plant growth which are noxious or detrimental to the health of the residents;
    4. Be responsible for the extermination of any insect, rodent, vermin, or other pest dangerous to the health of the residents whenever infestation exists in the area of the mobile and manufactured home park not the responsibility of the resident or in the area for which the resident is responsible including the mobile and manufactured home if the infestation is not the fault of the resident and particularly if the infestation existed prior to the occupancy of the resident claiming relief;
    5. Maintain all mobile and manufactured homes rented by the owner in a condition which is structurally sound and capable of withstanding adverse effects of weather conditions;
    6. Maintain all electrical, plumbing, gas, or other utilities provided by the licensee in good working condition. In the event of any repairs or construction to any utility in any mobile and manufactured home park, written notice shall be given twenty-four (24) hours prior to the repairs or construction to each tenant of the mobile and manufactured home park, except in cases of emergencies, after which any repair shall be completed within seventy-two (72) hours unless good cause is shown as to why the action or repair has not been completed. No utility shall be discontinued during the repairs or construction for more than three (3) consecutive hours unless the plans have been reviewed by the city or town engineer;
    7. Maintain all utilities provided to mobile and manufactured homes within the park up to and including the connection to the individual mobile/manufactured home, and all water and sewage lines and connections in good working order, and in the event of any emergency, make necessary arrangements if possible for the provisions of the service on a temporary basis; and there shall be no additional charge for the use of water because a resident has children;
    8. If the park operator fails to comply with paragraph (vi) or (vii) of this subdivision, the resident may notify the park operator of the resident’s intention to correct the condition at the park operator’s expense. After being notified by the resident in writing, if the park operator fails to comply within fourteen (14) days or more promptly as conditions reasonably require in case of emergency, the resident may cause the work to be done by a contractor and, after submitting to the park operator an itemized statement, deduct from the resident’s rent the actual and reasonable cost of the work.
    9. Respect the privacy of the resident and if only the mobile and manufactured home space or lot is rented, agree to enter the mobile and manufactured home only with the permission of the owner only after notice to the resident;
    10. Allow all residents freedom of choice in the purchase of all services, pursuant to § 31-44-3 “rules and regulations”;
    11. Allow a resident to terminate a rental agreement whenever a change in the location of the resident’s employment requires a change in the location of his or her residence if the resident gives thirty (30) days notice; provided, that a resident who is a member of the armed forces of the United States may terminate his or her rental agreement with less than thirty (30) days if he or she receives reassignment orders which do not allow prior notification;
    12. Maintain any road in the mobile and manufactured home park within the licensee’s control in good condition, provide adequate space for parking of one car for each lot and be responsible for damage to any vehicle, excluding damages from speed bumps, which is the direct result of any unrepaired or poorly maintained access road within the park and that is within the licensee’s control;
    13. Make reasonable rules for guest parking which shall be clearly stated in the rules of the park;
    14. Provide a written lease having a term of not less than one year unless the resident requests, in writing, a term for less than one year, or unless a resident in writing states that he or she does not desire a written lease; provided, nothing in this section shall prevent prospective residents from assuming from the current resident the balance of leasehold if same shall have a period of less than one year; provided further the notice of any rental increase shall be provided to the prospective resident in the event that less than sixty (60) days of the leasehold is remaining on the assumed portion of the lease.
  2. The resident shall agree at all times during the tenancy to:
    1. Keep the unit and his or her area of responsibility as marked by the owner in a clean and sanitary condition, free of garbage and rubbish;
    2. Keep the supplied, basic facilities including any plumbing fixture, cooking and refrigeration equipment, and electrical fixtures in a rented mobile and manufactured home unit in a clean and sanitary condition and exercise reasonable care in their proper use and operation;
    3. Observe all reasonable rules and regulations of the licensee concerning the use, occupation, and maintenance of the premises, provided the rules and regulations comply with the provisions of § 31-44-3 ;
  3. Any action on the part of the resident which may be grounds for eviction from the mobile and manufactured home park or termination of the rental agreement shall be clearly stated in it.
  4. The terms for the payment of rent shall be clearly set forth and any charges for services, mobile and manufactured home space or lot rent, unit rent, or any other charge shall be specifically itemized in the rental agreement and in any billing to the resident by the owner. The total rent for the term of the rental agreement shall be stated in it.
  5. The right of the mobile and manufactured home park owner to designate himself or herself as the sole and exclusive agent for the sale of any mobile and manufactured home pursuant to § 31-44-4 “sale of mobile and manufactured homes” of this chapter shall be clearly stated in the rental agreement.
  6. The lease prescribed by this chapter shall not contain the following:
    1. Any provision allowing less than a seven (7) day grace period in which to pay rent without the assessment of a late charge;
    2. Any provision allowing the licensee to assess a late charge in excess of five percent (5%) of the monthly rent due;
    3. Any provision which allows the owner to increase the total rent or change the payment arrangements during the term of the rental agreement; provided that prorated increases for increased taxes only may be added if stated in the original lease;
    4. Any provision allowing the owner to charge an entrance fee to a resident assuming occupancy, except as provided in this section;
    5. Any provision which denies to the resident the right to treat as a breach of the agreement, a continuing violation by the owner, substantial in nature, of any provisions set forth in the lease or of any state statute unless the owner discontinues the violation within a reasonable time after written notice is given by the resident by registered or certified mail;
    6. Any provision waiving the restrictions of § 31-44-7.1 ;
  7. Except as provided in this section, the lease shall be signed by both the mobile and manufactured home park licensee and the mobile and manufactured home park resident and shall contain the notice set forth in § 31-44-8 , printed verbatim in a clear and conspicuous manner.
  8. It shall be the obligation of the licensee to abide by all the terms and conditions set forth in this section notwithstanding the execution of written lease of any resident.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 154, § 1; P.L. 1997, ch. 109, § 1; P.L. 1997, ch. 140, § 1; P.L. 1998, ch. 278, § 1; P.L. 2000, ch. 519, § 1.

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>>>>>>> origin/main 31-44-7.1. Security deposits.

In any rental agreement for the lease of a mobile home in which the licensee requires the payment of a security deposit by the resident:

  1. The deposit shall accumulate interest on an annual basis at the rate of three percent (3%).
  2. No deposit will be required which is more than the amount of one month’s rent.
  3. The interest shall be paid to the resident annually or upon termination of the rental.
  4. Upon termination of the rental, the licensee shall return the deposit along with accumulated interest within thirty (30) days, or shall provide the resident with a written itemized list of damages caused by the resident during the rental, other than ordinary wear and tear, and return to the resident the difference, if any, between the deposit and interest and the damages sustained.
  5. The resident shall provide the licensee with a forwarding address upon vacating the premises so as to permit the licensee to return the deposit.
  6. If the licensee fails to either return the deposit within thirty (30) days or pay interest on it, he or she shall be liable for damages not to exceed twice the amount of the deposit and three (3) times the amount of interest due.
  7. Any security deposits received by the licensee shall be deposited in a savings account and earmarked specifically as a security deposit account, and that fund shall not be used by the licensee for any purpose except as provided in subdivision (4) of this section.
  8. No security deposit shall be required for the rental of a mobile home lot or space.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1990, ch. 308, § 1; P.L. 1993, ch. 309, § 1; P.L. 2000, ch. 109, § 45.

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>>>>>>> origin/main 31-44-7.2. Trailer parks located within the town of Exeter.

Any agreement for the lease of a mobile home or a mobile home lot or space located within the town of Exeter and offered pursuant to the provisions of § 31-44-7 , must be in writing and shall not be executed unless each term of it either shall have been completed in full or shall contain a statement that the terms may not be applicable. All lease agreements executed pursuant to the provisions of this section shall be executed in duplicate original, one of which shall be provided to the lessee within thirty (30) days of its execution.

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>>>>>>> origin/main History of Section. P.L. 1986, ch. 422, § 1.

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>>>>>>> origin/main 31-44-8. Notice required by law.

The following notice must be given by the licensee to the tenant prior to occupancy:

“The terms of your tenancy must be in accordance with the Rhode Island Mobile and Manufactured Home Act, title 31, chapter 44. Section 31-44-3 requires all the rules and regulations governing your tenancy to be fair and reasonable. Unreasonable rules, or those not in compliance with § 31-44-3 , cannot be enforced against you.

“No licensee may offer a mobile and manufactured home or a mobile and manufactured home space or lot for rent without showing to the prospective resident a copy of the written lease before the resident occupies that mobile and manufactured home space or lot. No licensee may rent a mobile and manufactured home or mobile and manufactured home space or lot until a written lease has been signed by the resident and the owner. The term of the lease shall not be less than one year unless the resident requests, in writing, a term for less than one year, or requests in writing that he or she does not desire a written lease.

“The licensee of this park shall not require you to deal exclusively with a certain fuel dealer or other merchant for goods or services in connection with the use or occupancy of your mobile and manufactured home lot unless that restriction is necessary to protect the health, safety, or welfare of mobile and manufactured home residents in the park. If you are required to deal with a certain dealer or merchant, the price you pay for such goods or services may not be more than the prevailing price in this locality for similar goods and services.

“An increase in fees or rent, nonrenewal of lease, refusal to offer a lease, or termination of tenancy which is taken against you by a licensee as a penalty for reporting a violation of the Mobile and Manufactured Home Act or of any applicable building or health code, or for any other justified complaint to a governmental authority is a reprisal and is prohibited by law.”

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 2009, ch. 119, § 1; P.L. 2009, ch. 146, § 1.

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>>>>>>> origin/main 31-44-9. Enforceability.

  1. Any provision of this chapter and any provision of a license issued pursuant to this chapter may be enforced by the department of business regulation. In addition to and notwithstanding any action taken by or pending at the department of business regulation, any resident of a mobile home park may seek to enforce any provision of a license or this chapter by civil action in the court exercising jurisdiction over the subject matter. However, failure to comply with tax laws and violations of land use regulations and water supply and sewage disposal requirements shall be subject to the jurisdiction of and shall be enforceable by, the municipality in which the park is located and/or the state agency having regulatory authority over the matter. (b) Any park owner or operator who violates any of the provisions of §§ 31-44-3 , 31-44-3.1 , 31-44-3.2 , 31-44-4 , 31-44-5 , 31-44-7 , 31-44-7 .1, 31-44-7.2 , 31-44-8 and 31-44-13 shall be deemed to have engaged in an unfair and deceptive trade practice under § 6-13.1-2 and, in addition to other remedies, shall be subject to the enforcement provisions of that chapter.
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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 1994, ch. 182, § 1.

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>>>>>>> origin/main 31-44-9.1. Remedies.

In addition to any other remedy authorized by law, equity or regulation, the director of the department may order, following notice and opportunity to be heard, the owner and residents of any mobile and manufactured home park to pay monthly rents directly to an interest bearing escrow account established by and under the control of, the director and may make the payment of those amounts to the owner of the mobile and manufactured home park contingent on the owner’s submission of satisfactory evidence of compliance with all orders of the director. Upon submission of evidence of compliance, the director shall promptly cause any escrowed rents to be paid to the owner.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 309, § 2.

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>>>>>>> origin/main 31-44-9.2. Investigations.

When, in the opinion of the director, sufficient cause exists to begin an investigation of alleged violations of any provision of this chapter or a license issued pursuant to this chapter, the director may commence an investigation of any act or practice or failure to act of any mobile and manufactured home park owner or operator and may bill the costs of the investigation to the mobile home park owner or operator. However, the investigation fees payable under this section shall not exceed one thousand dollars ($1,000) in any one calendar year unless the director petitions the superior court for the ability to continue the investigation, at which time the director shall demonstrate to the court’s satisfaction that further investigation is warranted, whereby the fees may exceed one thousand dollars ($1,000).

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 309, § 2.

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>>>>>>> origin/main 31-44-10. Penalty.

Any person who violates the licensing provisions of this chapter may be fined by the department an amount not in excess of five thousand dollars ($5,000), lose their license according to prescribed procedure, after a hearing. Provided, further, any person violating any of the provisions of this chapter may also be fined by the appropriate court according to existing court procedure.

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1; P.L. 1999, ch. 248, § 1.

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>>>>>>> origin/main 31-44-11. Fiscal autonomy.

All license and permit fees collected pursuant to this chapter, and any fines collected by the department of business regulation for violations related to licenses and permits shall be held and used as specified under § 31-44-1.6 . Any revenue received in excess of the department’s expenses used as specified in this chapter shall be carried forward as specified under § 31-44-1.6(c) .

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2; P.L. 1993, ch. 309, § 1.

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>>>>>>> origin/main 31-44-12. Severability.

If the provisions of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.

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>>>>>>> origin/main History of Section. P.L. 1984, ch. 382, § 2.

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>>>>>>> origin/main 31-44-13. Right of mobile home owners to peaceably assemble — Right to communicate.

  1. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the mobile home owners to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the mobile home park.
  2. No provisions contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the mobile home owners or tenants to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any problems relative to the mobile home park. The discussions may be held in the common areas or recreational areas of the park, including halls or centers, or in any resident’s home. In addition, the park owner or developer may not unreasonably restrict the use of any facility, including the use of utilities, when requested. Written notice must be provided to the mobile home park management and/or owner of the time and place for the assembly. The assembly shall be open to all park residents.
  3. No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall prohibit any mobile home owner of the mobile home park from canvassing mobile home owners of the mobile home park for the purposes described in this subsection. For the purposes of this subsection, the term “canvassing” includes an oral or written request; the distribution, circulation, posting, or publication of a notice; or a general announcement requesting the payment of membership dues or other matters relevant to the membership, federation, or organization. Canvassing shall be done at a reasonable time or times and in a reasonable manner. It is the intent of the legislature, through the enactment of this subsection, to prohibit any owner, developer, or manager of a mobile and manufactured home park from prohibiting free communication among mobile home owners or tenants in the guise of regulations or rules restricting or limiting canvassing for association, federation, or organization dues or other association, federation, or organization matters.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 160, § 1.

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>>>>>>> origin/main 31-44-14. Resident owned mobile home parks — Record keeping.

  1. Resident owned mobile home parks shall maintain a copy of each of the following, where applicable, which shall constitute the official records of the association:
    1. The plans, permits, warranties, and other items provided by the developer;
    2. A photocopy of the resident association documents;
    3. A copy of the current rules of the association;
    4. A book or books containing the minutes as well as any tape recordings, if any, of all meetings of the association, of the board of directors, and of the unit owners, which minutes and tapes shall be retained for a period of not less than seven (7) years. Any tape recordings shall not be considered an official record, and these tapes shall be available to any member to be duplicated at the members’ cost and expense. The duplication cost shall not exceed ten dollars ($10.00) per tape;
    5. A current roster of all unit owners and their mailing addresses, unit identification, and, if known, telephone numbers; street address;
    6. All current insurance policies of the association, including a fiduciary bond of the association, and their agents;
    7. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility;
    8. Bills of sale or transfer for all property owned by the association;
    9. Accounting records for the association and separate accounting records for each unit it operates, according to good accounting practices in accordance with generally acceptable accounting principles. All accounting records shall be maintained for a period of not less than seven (7) years:
      1. Accurate, itemized, and detailed records of all receipts and expenditures.
      2. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due.
      3. All audits, reviews, accounting statements, and financial reports of the association.
      4. All contracts for work to be performed. Bids for work to be performed shall also be considered official records and shall be maintained for a period of one year.
    10. Ballots, sign-in sheets, voting proxies, and all other papers relating to elections, which shall be maintained for a period of one year from the date of the meeting to which the document relates;
    11. All rental records where the association is acting as agent for the rental unit.
  2. The official records of the association shall be maintained in the city or town in which the resident owned association operates.
  3. The official records of the association shall be open to inspection by any association member or the authorized representative of a member at all reasonable times. Failure to permit inspection of the association records as provided in this section entitles any person prevailing in an enforcement action to recover reasonable attorney’s fees from the person in control of the records who, directly or indirectly, knowingly denies access to the records for inspection. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member.
  4. Insurance.  The association shall use its best efforts to obtain and maintain adequate insurance to protect the association property.
  5. Financial report.  Within sixty (60) days following the end of the fiscal or calendar year or annually on a date otherwise provided in the bylaws of the association, the board of directors of the association shall mail or furnish to each unit owner a complete financial report of actual receipts and expenditures for the previous twelve (12) months. The report shall show the amounts of receipts by accounts and receipt classification and shall show the amounts of expenses by accounts and classification including, but not limited to, the following:
    1. Cost for security;
    2. Professional and management fees and expenses;
    3. Taxes;
    4. Costs of recreation facilities;
    5. Expenses for refuse collection and utilities;
    6. Expenses for lawn care;
    7. Costs for building maintenance and repair;
    8. Insurance costs;
    9. Administrative and salary expenses;
    10. General reserves, maintenance reserves, and depreciation reserves;
    11. Aging of all rental income and accounts payable.
  6. Elections.  The members of the resident owned mobile home park, responsible for tabulating votes cast in any election held by the resident owned mobile home park, shall do so at a time and place open for viewing by the members of the resident owned park, within the city or town in which the resident owned association operates.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 417, § 1; P.L. 2000, ch. 519, § 1; P.L. 2001, ch. 335, § 1.

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>>>>>>> origin/main 31-44-15. Purchase requirement.

  1. All dealers and purchasers of new manufactured homes shall present or buy only housing urban and development (HUD) approved and compliant manufactured structures.
  2. All dealers and purchasers of new manufactured homes are required to record with the local building official data plate wind zone information as part of the installation application. Local building officials shall consider data plate wind zone information as part of their inspection and enforcement process.
  3. Owners of a home in a mobile- and manufactured-home park and owners of vacant lots in a mobile- and manufactured-home park shall not be prevented from replacing their existing home or placing a new home on a vacant lot notwithstanding any local zoning or land use ordinance to the contrary enacted subsequent to the establishment of the legally recognized lot on which the home is to be placed so long as all local and state building standards are satisfied and permits obtained.
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>>>>>>> origin/main History of Section. P.L. 1994, ch. 269, § 1; P.L. 2013, ch. 262, § 1; P.L. 2013, ch. 428, § 1.

Compiler’s Notes.

P.L. 2013, ch. 262, § 1, and P.L. 2013, ch. 428, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-44-16. Department of business regulation to hear matters.

  1. The director of the department of business regulation, or his or her designee, shall hear matters involving mobile and manufactured housing park rules, specifically this chapter. The director shall not have jurisdiction over issues relative to rent increases or jurisdiction over evictions.
  2. Nothing in this section shall preclude the right of the director to use the services of a mediator to resolve a dispute involving mobile/manufactured housing park rules.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 94, § 1.

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>>>>>>> origin/main 31-44-17. Filing of complaint with department — Notice — Rules of evidence not binding.

  1. Any resident of a mobile and manufactured housing park or any owner of a mobile and manufactured housing park may petition the director by filing a complaint with the department of business regulation. After review of the claim and a decision by the director that the matter has merit and is not frivolous, the director shall schedule a hearing within sixty (60) days from receipt of the claim. If the director finds the claim to be without merit or to be frivolous, the director shall dismiss the complaint and explain in writing to the complainant his or her reasons for dismissing the complaint.
  2. The director, or his or her agent, shall serve notice, in writing, of the time and place of the hearing upon all appropriate parties at least twenty (20) days prior to the date of the hearing. Both parties to the complaint may be represented by counsel.
  3. The director, or his or her agent, shall not be bound by common law or statutory rules of evidence but may admit all testimony having a reasonable probative value. Complaints filed shall be handled in accordance with the departments’ rules of practice and the administrative procedures act, chapter 35 of title 42. It may exclude evidence which, in the opinion of the director or his or her agent, is immaterial, irrelevant, or unduly repetitious.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 94, § 1; P.L. 1999, ch. 248, § 1; P.L. 2018, ch. 176, § 17; P.L. 2018, ch. 289, § 17.

Compiler’s Notes.

P.L. 2018, ch. 176, § 17, and P.L. 2018, ch. 289, § 17 enacted identical amendments to this section.

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>>>>>>> origin/main 31-44-18. Decisions, judicial review and enforcement.

  1. When the director makes a decision, an order shall be made in writing and shall include finding of facts. The findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The parties shall be notified by mail of any decision or order.
  2. A decision of the director may be appealed, by either party, by applying for a rehearing or appealing to the superior court for the county in which either party resides, within thirty (30) days of the date of the decision pursuant to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
  3. If no timely appeal is taken pursuant to subsection (b) of this section, the decision of the director shall become final. The director shall file a certified abstract of any final decision with the clerk of the superior court in the county of residence of the complainant. The clerk of the court shall enter judgment on it, and this judgment may be enforced as with any final judgment of the superior court.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 94, § 1; P.L. 1999, ch. 248, § 1.

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>>>>>>> origin/main 31-44-19. Notification and cooperation required.

The director shall notify the attorney general’s consumer protection division and antitrust bureau, department of justice, that the attorney general may accept and act on written complaints properly forwarded to it by the director relative to mobile/manufactured housing.

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>>>>>>> origin/main History of Section. P.L. 1996, ch. 94, § 1.

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>>>>>>> origin/main 31-44-20. Mobile home conveyance tax.

  1. There is imposed, on every deed, instrument, or writing by which any mobile or manufactured home shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or her or their direction, when the consideration paid exceeds one hundred dollars ($100), a tax at the rate of one dollar and forty cents ($1.40) for each five hundred dollars ($500) or fractional part thereof which is paid for the purchase of the home (inclusive of the value of any lien or encumbrance remaining on it at the time of sale), and exclusive of any personal property that may be included in the sale which tax shall be payable at the time of making, execution, delivery, acceptance or presenting for recording of the instrument. In the absence of an agreement to the contrary, the tax shall be paid by the grantor.
  2. In the event no consideration is actually paid for the mobile or manufactured home, the instrument of conveyance shall contain a statement to the effect that the consideration is such that no documentary stamps are required.
  3. The tax administrator shall enforce the provisions of this section and may adopt and enforce rules and regulations relating to the enforcement of this section.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 319, § 1.

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>>>>>>> origin/main 31-44-21. Documentary stamps.

  1. The payment of the tax imposed by this chapter shall be evidenced by the affixing of a documentary stamp or stamps to instrument by the person making, executing, delivering, or presenting for recording the instrument and only the original instrument shall be accepted for recording. The stamps shall be affixed in the manner that is consistent with § 44-25-4.1 authorizing the use of hand stamps. The recorder of deeds or clerks shall affix upon the face of each original instrument, by hand stamp issued by the tax administrator, a receipt clearly showing the amount of tax paid by the person making, executing, delivering, or presenting for recording the original instrument.
  2. Whenever a hand stamp is authorized and used, the provisions of § 44-25-4(b) and (c) shall apply to the hand stamp.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 319, § 1.

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>>>>>>> origin/main 31-44-22. Sale price recording.

Every deed presented for recording due to the sale of property, which results in the transfer in ownership of the property, shall contain or have endorsed upon it the total dollar amount of the actual sale, which shall be recorded as part of the deed. A city or town clerk may decline to accept a deed for recording if the deed is not in compliance with this section. Failure to comply with this section shall not affect the validity of any deed.

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>>>>>>> origin/main History of Section. P.L. 2006, ch. 309, § 2; P.L. 2007, ch. 340, § 5.

Chapter 44.1 Mobile and Manufactured Home Lot Rental Increases

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>>>>>>> origin/main 31-44.1-1. Declaration of policy.

The general assembly finds and declares that the provision of affordable housing is of vital concern to the citizens of the state, that mobile and manufactured homes are an important source for affordable housing, that lot rent increases for these homes are a continuing concern for low and moderate income citizens and the elderly, and that some form of limited regulation relative to lot rental increases for mobile and manufactured homes is in the public interest.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 216, § 1; P.L. 1993, ch. 309, § 4.

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>>>>>>> origin/main 31-44.1-2. Rent increases for mobile and manufactured home lots.

  1. Any person who owns, operates, or maintains a mobile and manufactured home park pursuant to the provisions of chapter 44 of this title shall give the mobile home owners of the park sixty (60) days written notice prior to any lot rent increase going into effect. The written notice shall set forth the current rent, the proposed rent, and the date upon which the increase shall take effect.
  2. If a majority of the mobile home owners of the park believe that the rent increase is “ excessive” as defined in this section, they may request in writing from the American Arbitration Association that binding arbitration take place between the park owner or operator and the mobile home owners. The association will authenticate on a confidential basis the request and the signatures of a majority of the park mobile home owners, who shall be made aware of the costs involved in seeking binding arbitration under this section. For purposes of determining a majority under this section, there shall be one vote per mobile home unit. The names of the mobile home owners requesting the binding arbitration shall not be disclosed by the American Arbitration Association to the park owner or operator. Upon authentication that a majority of the owners are requesting mediation, the commission shall appoint an impartial and qualified arbitrator, to arbitrate the dispute. The park owner or operator and the mobile home owners will cooperate with the arbitrator in an effort to resolve their differences. The costs and expenses of the arbitrator shall be borne equally by the park owner or operator and the mobile home owners.
  3. An “excessive” rent increase for purposes of this section is an increase which is unreasonable based on the park owner’s or operator’s total expenses, including debt service and a reasonable return on the park owner’s investment or equity in the park, provided, that the debt service is directly related to acquisition of the mobile home park. Debt service used to or otherwise employed for purposes other than that which is directly related to the acquisition or capital management of the mobile home park shall be excluded. Further, the arbitrator shall perform an analysis as to the mobile home park owner’s need for rent increase and services provided to the park. This analysis shall be performed for a period of not less than three (3) years prior to the application for rental increase. Specifically excluded in any such analysis shall be any debt service incurred using the mobile home park as collateral or other security for investment, enterprises, businesses or similar ventures separate and apart from the mobile home park.
  4. The arbitrator will promptly hear the dispute and render a decision based on the “ excessive” rent increase standard as defined in this section. For purposes of determining a reasonable return on the park owner’s investment or equity, the arbitrator shall perform a risk analysis and consider alternative and comparative investments. The costs of the arbitration shall be borne by the losing party in the arbitration.
  5. No lot rent increase shall go into effect until the earlier of:
    1. Completion of the binding arbitration process, or
    2. One hundred twenty (120) days after the written notice given under subsection (a) of this section.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 216, § 1; P.L. 1993, ch. 309, § 4; P.L. 1996, ch. 92, § 1; P.L. 2001, ch. 414, § 1.

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>>>>>>> origin/main 31-44.1-3. Severability.

If any clause, sentence, paragraph, subsection, section or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment will not affect, impair or invalidate the remainder of it but will be confined in its operation to the clause, sentence, paragraph, subsection, section or part directly involved in the controversy in which the judgment has been rendered.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 309, § 5.

Chapter 44.2 Abandoned Mobile and Manufactured Home Act

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>>>>>>> origin/main 31-44.2-1. Legislative findings and purpose.

The general assembly finds that abandoned mobile and manufactured homes are a nuisance because they cause blight and depress property values. This act is intended to provide local governments and landowners with the authority to remove abandoned mobile and manufactured homes while protecting property rights.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

Compiler’s Notes.

P.L. 2014, ch. 255, § 1, and P.L. 2014, ch. 309, § 1 enacted identical versions of this chapter.

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>>>>>>> origin/main 31-44.2-2. Definitions.

As used in this chapter:

  1. “Department” means the department of business regulation.
  2. “Mobile and manufactured home” means a detached residential unit designed:
    1. For a long-term occupancy and containing sleeping accommodations, a flush toilet, and a tub or shower bath, and kitchen facilities, having both permanent plumbing and electrical connections for attachment to outside systems;
    2. To be transported on its own wheels or on a flatbed or other trailer or detachable wheels; and
    3. To be placed on pads, piers, or tied down, at the site where it is to be occupied as a residence complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and connection to utilities systems.
  3. “Abandoned mobile and manufactured home” means a mobile and manufactured home that is:
    1. Not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both; or
    2. Not connected to an adequate wastewater disposal system; or
    3. Unoccupied for a period of at least one hundred twenty (120) days and for which there is clear and convincing evidence that the occupant does not intend to return; or
    4. So damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a hazard to the health and safety of the occupants or the public.
  4. “Landowner” means the owner of the real property on which an abandoned mobile or manufactured home is located.
  5. “Municipality” means the city or town in which the mobile or manufactured home is located.
  6. “Licensee” means any person or agent licensed under § 31-44-1.7 who is directly or indirectly engaged in the business of maintaining or operating a mobile- and manufactured-home park under the provisions of chapter 44 of title 31.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-3. Jurisdiction.

The district court of this state shall exercise jurisdiction in both law and equity over removal of abandoned mobile or manufactured homes with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction may be acquired in a civil action or proceeding commenced in the court by the service of process in the manner provided herein.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-4. Service of process for actions pursuant to chapter.

    1. In actions pursuant to this chapter, the summons for an action for removal of an abandoned mobile or manufactured home shall be in the form provided in this chapter. At the time of filing of the complaint, the clerk shall mark the date of hearing upon the summons, which shall be the ninth (9th) day after filing of the complaint, or the first court day following the ninth (9th) day. For the purposes of this section only, the time of filing of the complaint shall be the date upon which the clerk assigns a case number to the action and the filing fee is paid to the clerk. On the same day that the complaint is filed, the plaintiff’s attorney or, if pro se, the plaintiff, or if more than one, the person filing the complaint shall mail a copy of the summons and complaint by first class mail, to the defendant; shall complete the proof of service on a copy of the original summons; and file the completed proof of service in the appropriate court. The clerk shall note on the docket the mailing date of the summons and complaint and shall complete the proof of service on the original summons. The plaintiff shall deliver the original summons and a copy thereof, together with a copy of the complaint to the division of sheriffs or any constable of the county in which the appropriate court is located. The officer receiving the copies shall serve them by:
      1. Handing them to the defendant;
      2. Serving them at the defendant’s dwelling unit to a person of suitable age and discretion then residing therein; or
      3. If none be found, by posting them conspicuously on the door to defendant’s dwelling unit.
    2. The deputy sheriff or constable serving the summons and complaint shall make proof of service on the original summons and shall file it with the clerk of the appropriate court at or before the time of the hearing. The proof of service shall show the manner and the day, hour, and place of service, and shall show that the defendant was served no less than five (5) days before the hearing.
  2. In all actions pursuant to this chapter, the procedure shall be as follows:
    1. The summons pursuant to this chapter shall be in the form provided in § 31-44.2-8 .
    2. Service shall be made pursuant to Rule 4 of the district court civil rules, or other appropriate rule of court.
  3. If a plaintiff or defendant is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, he or she may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed, or if the process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but service upon the secretary of state is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his or her last reasonably ascertainable address. An affidavit of compliance with this subsection shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows.
  4. If, at the time of hearing, it appears that the clerk failed to provide mail service as required by subsection (a) of this section, or that the mailed service was undeliverable, service shall nevertheless be deemed complete if proof of service reflects that service was accomplished in accordance with subsection (a)(1)(i) or (ii) of this section.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-5. Order for removal of an abandoned mobile or manufactured home.

  1. An action for the removal of an abandoned mobile or manufactured home may be commenced by a landowner/licensee/municipality if a mobile or manufactured home has been abandoned and the following conditions have been met:
    1. The mobile or manufactured home is not entitled to be situated on the property of the landowner/municipality/licensee; and
    2. The mobile or manufactured home is:
      1. Not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both; or
      2. Not connected to an adequate wastewater disposal system; or
      3. Unoccupied for a period of at least one hundred twenty (120) days and for which there is clear and convincing evidence that the occupant does not intend to return; or
      4. So damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a hazard to the health and safety of the occupants or the public.
  2. The action shall be commenced by filing a thirty-day (30) notice for removal of the mobile or manufactured home, which shall be filed in the appropriate court according to the form provided in § 31-44.2-8 .
  3. Prior to filing the complaint, the plaintiff shall send a notice in the form provided in § 31-4.2-8 and therein shall specify that the defendant has thirty (30) days from the date notice is mailed therein to remedy the allegations in the complaint and that if he or she fails to do so within that time, suit for possession shall be commenced in accordance with § 31-44.2-4 .
  4. If the court finds that the defendant failed to remedy the allegations contained in the complaint to the satisfaction of the court, the court shall issue an order for the removal of the abandoned mobile or manufactured home in accordance with this chapter.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-6. Appeals.

Appeals of actions brought under this chapter shall be pursuant to § 9-12-10.1 .

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-7. Execution.

If no appeal is claimed, and if the judgment has not been satisfied, execution shall be issued on the sixth (6th) day following judgment. Executions shall be issued to the division of sheriffs or licensed constables. Every execution issued by any district court pursuant to this chapter shall continue in full force and effect for one year after the date thereof, and be returnable to the district court that issued it in accordance with the provisions of § 9-25-21 . All costs in carrying out the mandates of the execution may be added to the execution by the clerk upon approval of the court upon presentment of evidence of the costs.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-8. Notices and complaint forms.

  1. A notice in substantially the following language shall suffice for the purpose of giving an owner notice of removal of an abandoned mobile or manufactured home pursuant to chapter 44.2 of title 31: <<<<<<< HEAD
  2. A complaint in substantially the following language shall suffice for the purpose of commencing removal of an abandoned mobile or manufactured home pursuant to chapter 44.2 of title 31: (Landowner/Licensee/Municipality Name) V (Mobile or Manufactured Homeowner Name) _______________ _______________ _______________ (Address) (Address of premises on which abandoned mobile or manufactured home is located) =======

    THIRTY-DAY NOTICE FOR REMOVAL OF MOBILE OR MANUFACTURED HOME Date of Notice: You are notified that a certain mobile or manufactured home (describe mobile home in terms of size, color, make, and model, if known) located at (give address or describe location) meets the definition of an abandoned mobile or manufactured home within the meaning of the “Abandoned Mobile or Manufactured Home Act” pursuant to chapter 44.2 of title 31. Unless all delinquent taxes (including penalty and interest) are paid, and electric, water, and waste service are restored to this mobile or manufactured home within thirty (30) days of the date of this notice, the plaintiff shall remove and dispose of the mobile or manufactured home, and it shall be disposed of or sold at public auction free and clear of any existing liens. Signature of plaintiff I certify that I placed in regular U.S. mail first class postage prepaid, a copy of this notice addressed to the defendant on the day of 20.

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  3. A complaint in substantially the following language shall suffice for the purpose of commencing removal of an abandoned mobile or manufactured home pursuant to chapter 44.2 of title 31:

    State of Rhode Island , Sc. DISTRICT COURT DIVISION PLAINTIFF DEFENDANT

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    (Landowner/Licensee/Municipality Name) V (Mobile or Manufactured Homeowner Name)

    _______________

    _______________

    _______________

    (Address) (Address of premises on which abandoned mobile or manufactured home is located)

    >>>>>>> origin/main COMPLAINT FOR REMOVAL OF ABANDONED MOBILE OR MANUFACTURED HOME chapter 44.2 of title 31.

    1. Plaintiff is the landowner/licensee/municipality in which defendant's/owner's mobile or manufactured home is situated.
    2. The mobile or manufactured home meets the definition of abandoned mobile or manufacturer home as set forth in § 31-44.2-2(3) in the following manner. <<<<<<< HEAD CHECK ONE OR ALL THAT APPLY Defendant's mobile or manufactured home is:

      _______________ Not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both; or

      _______________ Not connected to an adequate wastewater disposal system; or

      _______________ Unoccupied for a period of at least one hundred twenty (120) days and for which there is clear and convincing evidence that the occupant does not intend to return; or

      _______________ So damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a hazard to the health and safety of the occupants or the public.

      (3) Plaintiff seeks judgment for removal of defendant’s mobile or manufactured home. If you do not remedy this situation within thirty (30) days your mobile or manufactured home will be removed without further notice on =======

      CHECK ONE OR ALL THAT APPLY

      Defendant's mobile or manufactured home is:

      _______________ Not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both; or

      _______________ Not connected to an adequate wastewater disposal system; or

      _______________ Unoccupied for a period of at least one hundred twenty (120) days and for which there is clear and convincing evidence that the occupant does not intend to return; or

      _______________ So damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a hazard to the health and safety of the occupants or the public.

    3. Plaintiff seeks judgment for removal of defendant’s mobile or manufactured home. If you do not remedy this situation within thirty (30) days your mobile or manufactured home will be removed without further notice on  _______________  (date), which must not be less than thirty-one (31) days from the date of mailing this notice. Plaintiff seeks costs and fees (if applicable).

      >>>>>>> origin/main _______________ (date), which must not be less than thirty-one (31) days from the date of mailing this notice. Plaintiff seeks costs and fees (if applicable).

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      _______________

      Signature of landowner/licensee/municipality

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      Signature of landowner/licensee/municipality

      >>>>>>> origin/main I certify that I placed in regular U.S. mail first class postage prepaid, a copy of this notice, addressed to defendant on the _______________ day of _______________ 20 _______________ .

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      _______________

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      _______________

      >>>>>>> origin/main Signature of landowner/licensee/municipality

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THIRTY-DAY NOTICE FOR REMOVAL OF MOBILE OR MANUFACTURED HOME Date of Notice: You are notified that a certain mobile or manufactured home (describe mobile home in terms of size, color, make, and model, if known) located at (give address or describe location) meets the definition of an abandoned mobile or manufactured home within the meaning of the “Abandoned Mobile or Manufactured Home Act” pursuant to chapter 44.2 of title 31. Unless all delinquent taxes (including penalty and interest) are paid, and electric, water, and waste service are restored to this mobile or manufactured home within thirty (30) days of the date of this notice, the plaintiff shall remove and dispose of the mobile or manufactured home, and it shall be disposed of or sold at public auction free and clear of any existing liens. Signature of plaintiff I certify that I placed in regular U.S. mail first class postage prepaid, a copy of this notice addressed to the defendant on the day of 20.

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State of Rhode Island , Sc. DISTRICT COURT DIVISION PLAINTIFF DEFENDANT

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1; P.L. 2016, ch. 512, art. 1, § 20.

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “State of Rhode Island” in subsection (b) of this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

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>>>>>>> origin/main 31-44.2-9. Auction of abandoned mobile or manufactured home.

  1. If an order for removal of an abandoned mobile or manufactured home has been issued in accordance with § 31-44.2-5 , the mobile or manufactured home may be sold at public auction. The purchaser of the mobile or manufactured home shall take title of the home free and clear of all liens and claims of ownership, shall receive a sales receipt and bill of sale, and shall be entitled to register the mobile or manufactured home.
  2. From the proceeds of the sale of abandoned mobile or manufactured home, the plaintiff shall reimburse itself the expenses of the auction, the costs of towing, preserving, and storing the mobile or manufactured home and all notices and publication costs incurred pursuant to this chapter. Any remainder from the proceeds of a sale shall be held for the owner of the mobile or manufactured home or entitled lienholder for ninety (90) days and then shall be deposited in a special abandoned mobile or manufactured home fund at the department of business regulation that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from other abandoned mobile and manufactured homes, whenever the proceeds from a sale of the other abandoned mobile or manufactured homes are insufficient to meet these expenses and costs.
  3. Whenever the director finds that moneys in the abandoned mobile or manufactured home fund are in excess of reserves likely to be needed, he or she may transfer the excess to the general fund. But in the event there are additional claims against the abandoned mobile or manufactured home fund, or if the abandoned mobile or manufactured home fund is temporarily exhausted, these claims shall be met from the general fund to the limit of any transfers previously made to it pursuant to this chapter.
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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

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>>>>>>> origin/main 31-44.2-10. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

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>>>>>>> origin/main History of Section. P.L. 2014, ch. 255, § 1; P.L. 2014, ch. 309, § 1.

Chapter 45 Noise Limits for Motor Vehicles

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>>>>>>> origin/main 31-45-1. Noise limits.

  1. No person shall operate a motor vehicle, nor shall the owner of any vehicle allow the vehicle to be operated, at any time, or under any condition of grade, load, acceleration, or deceleration, in such a manner as to exceed the following noise limit based on a distance of fifty feet (50´) from the center of the lane of travel within the speed limit. For the purposes of this section, “dbA” means decibels measured with a calibrated sound level meter weighted to the “A” scale.
  2. In speed zones of thirty-five miles per hour (35 mph) or less, not more than eighty-six (86) dbA. In speed zones of more than thirty-five miles per hour (35 mph), not more than ninety (90) dbA.
  3. Violations of this section are subject to fines enumerated in § 31-41.1-4 .
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>>>>>>> origin/main History of Section. P.L. 1976, ch. 197, § 1; P.L. 2002, ch. 292, § 126.

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>>>>>>> origin/main 31-45-2. Establishment of regulations.

The director of the department of revenue is authorized to adopt rules, regulations, and procedures to be utilized in the enforcement of this chapter. The director is further authorized to lower the noise standards set forth in this chapter consistent with economic and technological feasibility. The procedure shall allow, to the extent feasible, noise measurement and enforcement action to be accomplished in reasonably confined areas such as residential areas. The adoption of those rules, regulations, and limits shall be pursuant to chapter 35 of title 42.

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>>>>>>> origin/main History of Section. P.L. 1976, ch. 197, § 1; P.L. 2008, ch. 98, § 28; P.L. 2008, ch. 145, § 28.

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>>>>>>> origin/main 31-45-3. Applicability.

This chapter applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of law relating to motor vehicle exhaust noise.

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>>>>>>> origin/main History of Section. P.L. 1976, ch. 197, § 1.

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>>>>>>> origin/main 31-45-4. Penalty.

Every person convicted of violating this chapter shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

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>>>>>>> origin/main History of Section. P.L. 1976, ch. 197, § 1; P.L. 2002, ch. 134, § 2.

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>>>>>>> origin/main 31-45-5. Motor vehicle radios, stereos and audio systems.

It shall be unlawful for any motor vehicle with a radio, stereo or audio system to produce sound which exceeds those limits specified in this chapter. Police cars, ambulances and fire engines shall not be subject to this section. Local cities and towns may, at their discretion, issue temporary exemption by special permit upon a showing of good cause. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

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>>>>>>> origin/main History of Section. P.L. 1996, ch. 150, § 2; P.L. 2002, ch. 292, § 126.

NOTES TO DECISIONS

Preemption.

R.I. Gen. Laws §§ 11-45.1-2 and 31-45-5 did not preempt Providence, R.I., Code of Ordinances § 16-93, prohibiting loud noise in certain locations, because (1) the ordinance did not conflict with the statutes but, rather, furthered the policy of the general assembly as stated in the statutes by creating a specific standard for a particular set of devices in a specific area, (2) the general assembly did not intend to completely occupy the field of noise regulation, and (3) R.I. Const. art. 13 allowed local governments to regulate noise in residential areas. State ex rel. City of Providence v. Auger, 44 A.3d 1218, 2012 R.I. LEXIS 72 (R.I. 2012).

NOTES TO DECISIONS

Preemption.

R.I. Gen. Laws §§ 11-45.1-2 and 31-45-5 did not preempt Providence, R.I., Code of Ordinances § 16-93, prohibiting loud noise in certain locations, because (1) the ordinance did not conflict with the statutes but, rather, furthered the policy of the general assembly as stated in the statutes by creating a specific standard for a particular set of devices in a specific area, (2) the general assembly did not intend to completely occupy the field of noise regulation, and (3) R.I. Const. art. 13 allowed local governments to regulate noise in residential areas. State ex rel. City of Providence v. Auger, 44 A.3d 1218, 2012 R.I. LEXIS 72 (R.I. 2012).

Chapter 46 Rhode Island Salvage Law

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>>>>>>> origin/main 31-46-1. Duty of insurance company and salvage motor vehicle dealer.

  1. Any insurance company taking possession of a motor vehicle for which a certificate of title has been issued in this state, that has been declared a total loss because of damage to that vehicle, in settlement of a claim for damage or theft shall within ten (10) days deliver to the division of motor vehicles the certificate of title of that vehicle and obtain a salvage certificate of title for that vehicle as prescribed for by the administrator of the division of motor vehicles. If the insurance company is unable to obtain the certificate of title of the vehicle for more than thirty (30) days after payment of the total loss claim on the vehicle, the insurance company or its agent may apply for and obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the insurance company’s name without delivering the certificate of title to the division of motor vehicles. The application shall be accompanied by evidence that the insurance company has paid a total loss claim on the vehicle and has attempted to obtain the certificate of title by sending at least two (2) written attempts, sent by certified mail or by another commercially available delivery service providing proof of delivery and addressed to the last known owner of the vehicle and any known lienholders, at the address shown on the records of the appropriate registry, in the state in which the vehicle is registered.
  2. If:
    1. A motor vehicle dealer, the primary business of which is the sale of salvage motor vehicles on behalf of insurance companies, is asked by an insurance company to take possession of a motor vehicle for which a certificate of title has been issued in this state;
    2. The motor vehicle is the subject of an insurance claim; and
    3. Subsequently a total loss claim is not paid by the insurance company with respect to the motor vehicle, the motor vehicle dealer may, if the motor vehicle has been abandoned at the facility of the motor vehicle dealer for more than thirty (30) days, apply for and obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the dealer’s name without surrendering the certificate of title to the division of motor vehicles. The application shall be accompanied by evidence that the motor vehicle dealer made at least two (2) written attempts, sent by certified mail or by another commercially available delivery service providing proof of delivery and addressed to the last known owner of the vehicle and any known lienholders, at the address shown on the records of the appropriate registry, in the state in which the vehicle is registered, to have the vehicle removed from the motor vehicle dealer’s facility. In such application, the motor vehicle dealer shall also classify the vehicle as Classification A or Classification B, as the classifications are described in § 31-46-1.1 .
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>>>>>>> origin/main History of Section. P.L. 1977, ch. 144, § 1; P.L. 1983, ch. 221, §§ 1, 3; P.L. 2021, ch. 423, § 1, effective July 20, 2021; P.L. 2021, ch. 424, § 1, effective July 20, 2021.

Compiler's Notes.

P.L. 2021, ch. 423, § 1, and P.L. 2021, ch. 424, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-46-1.1. Classification of salvage vehicles.

There shall be two (2) classifications of salvage vehicles: Classification A indicates the vehicle has extensive damage and is good for “parts only.” Classification B indicates the vehicle has considerable damage but is considered repairable. It will be the responsibility of insurance companies to evaluate and classify salvage. The classification is subject to review and evaluation by the administrator of the division of motor vehicles or his or her designee.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 221, § 3.

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>>>>>>> origin/main 31-46-2. Salvage by insurer.

If the insurance company sells the motor vehicle for any reason, it shall make application for a salvage certificate of title. The division of motor vehicles shall issue the salvage certificate of title on a form prescribed for by the administrator of the division of motor vehicles, that shall be of a color easily distinguished from the original certificate of title, and shall bear the same number and information as the original certificate of title. The salvage certificate of title shall be assigned by the insurance company to a salvage dealer or any other person for use as evidence of ownership upon the sale or other disposition of the salvage motor vehicle, and the title shall be assignable to any other person. The division of motor vehicles shall charge the insurance company a fee of fifty dollars ($50.00) for the cost of processing each salvage certificate title.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 144, § 1; P.L. 1990, ch. 13, § 4; P.L. 1992, ch. 15, art. 7, § 2; P.L. 2009, ch. 5, art. 9, § 4.

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>>>>>>> origin/main 31-46-3. Salvage by non-insurer.

If the total cost of repairs to rebuild or reconstruct the motor vehicle to its condition immediately before it was wrecked, destroyed or damaged, and for legal operations on the roads or highways, exceeds seventy-five percent (75%) of the fair market value of the motor vehicle immediately preceding the time it was wrecked, destroyed or damaged, and the motor vehicle is less than seven (7) years beyond the date of manufacture, the owner shall return within ten (10) days to the division of motor vehicles, the certificate of title of that vehicle and obtain a salvage certificate of title for that vehicle as prescribed for by the administrator of the division of motor vehicles. For the purposes of this section, “fair market value” shall mean the retail value of a motor vehicle as set forth in a current edition of any nationally recognized compilation of retail values, including automated databases, or from publications commonly used by the automotive industry to establish the values of motor vehicles, or determined pursuant to market survey of comparable vehicles with regard to condition and equipment. If any person, individual, or corporation or other owner sells the motor vehicle for any reason, that owner shall make application for a salvage certificate of title. The division of motor vehicles shall issue the salvage certificate of title on a form prescribed by the administrator of the division of motor vehicles that shall be of a color easily distinguished from the original certificate of title and shall bear the same number and information as the original certificate of title. The administrator of the division of motor vehicles shall charge the owner a fee of fifty dollars ($50.00) for the cost of processing each salvage certificate of title.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 144, § 1; P.L. 1983, ch. 221, § 2; P.L. 1988, ch. 196, § 1; P.L. 1990, ch. 13, § 4; P.L. 1992, ch. 15, art. 7, § 2; P.L. 1993, ch. 138, art. 85, § 4; P.L. 2007, ch. 385, § 1; P.L. 2007, ch. 489, § 1; P.L. 2009, ch. 5, art. 9, § 4.

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>>>>>>> origin/main 31-46-4. Restoration.

If a motor vehicle is restored for operation on the highways, application shall be made to the division of motor vehicles for a certificate of title. Upon inspection by the division of motor vehicles, which shall include establishing proof of ownership, and upon the surrender of the salvage certificate of title, the division of motor vehicles shall issue a certificate of title for a fee prescribed by the administrator of the division of motor vehicles. The certificate of title shall be in the same form and color as the original certificate and bear the same number as the salvage certificate and the original certificate and shall bear the word “re-constructed salvage” on the title. A fee of fifty-five dollars ($55.00) shall be assessed for each inspection made pursuant to this section.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 144, § 1; P.L. 1983, ch. 78, § 1; P.L. 1992, ch. 133, art. 69, § 1; P.L. 1993, ch. 138, art. 85, § 4; P.L. 1995, ch. 108, § 1.

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>>>>>>> origin/main 31-46-5. Penalties.

Any person, firm, or corporation who violates any of the provisions of this chapter shall be guilty of a felony and shall be punished by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000), or both.

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>>>>>>> origin/main History of Section. P.L. 1977, ch. 144, § 1.

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>>>>>>> origin/main 31-46-6. Removal of vehicle identification number prohibited.

Under no circumstances shall any person intentionally remove any vehicle identification number, or other distinguishing number, from any part of a salvage motor vehicle, new or used, or any part of it.

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>>>>>>> origin/main History of Section. P.L. 1983, ch. 221, § 3.

Cross References.

Alteration of identification number a felony, § 31-9-5 .

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>>>>>>> origin/main 31-46-7. Repair of salvaged vehicles — Licenses.

  1. A salvage rebuilders’ license shall be established and issued to all licensed auto body repair facilities that qualify under established guidelines. The regulations shall outline equipment and training necessary to rebuild (total loss) salvage vehicles prior to the issuance of a certificate of salvage title by the division of motor vehicles under § 31-46-4 . The guidelines shall be promulgated by and the license shall be issued by the department of business regulation.
  2. No company, corporation, business or person(s) shall rebuild salvage vehicles unless in possession of a valid salvage rebuilders license.
  3. Any vehicle repaired or rebuilt by person(s) not in possession of this license shall have its title stamped “FOR PARTS ONLY”.
  4. Any company, agency or person(s) found in violation of this section shall be guilty of a felony and shall be punished by imprisonment for not more than two (2) years, or a fine of five thousand dollars ($5,000), or both.
  5. The director of the department of business regulation shall be required to issue a “salvage rebuilders license form” which for the purposes of record keeping shall be numbered. Any salvage vehicle sold to a salvage rebuilder licensee shall be assigned a salvage rebuilders license form which shall be presented at the time of registration of any salvage vehicle.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 316, § 1; P.L. 1995, ch. 205, § 1.

Chapter 47 Motor Vehicle Reparations Act

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>>>>>>> origin/main 31-47-1. Short title and declaration of purpose.

  1. This chapter shall be known and may be cited as the “Motor Vehicle Reparation Act.”
  2. The legislature is concerned over the rising toll of motor vehicle accidents and the suffering and loss inflicted by them. The legislature has determined that it is a matter of grave concern that motorists shall be financially able to respond in damages for their negligent acts, so that innocent victims of motor vehicle accidents may be recompensed for the injury and financial loss inflicted upon them.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

Law Reviews.

Rachel E. Dunham, 2019 Survey: Puerini v. LaPierre, 25 Roger Williams U. L. Rev. 554 (2020).

NOTES TO DECISIONS

Out-Of-State Rental Vehicle Agency.

There is an apparent conflict between the Responsibility of Owners of Rental Vehicles Act (chapter 34 of title 31) and the Motor Vehicle Reparations Act (chapter 47 of title 31), as the former does not require an out-of-state rental vehicle agency to give proof of financial responsibility for vehicles not registered in this state, whereas the latter statute does appear to require such a showing. The former statute, being the more specific, prevails, pursuant to § 43-3-26 (conflicting general and special provisions). Lopes v. Phillips, 680 A.2d 65, 1996 R.I. LEXIS 195 (R.I. 1996).

Relationship to Federal Law.

Motor Vehicle Reparation Act (MVRA), R.I. Gen. Laws § 31-47-1 et seq., does not impose vicarious tort liability on dealers who do not comply with the mandatory insurance requirements; therefore the MVRA does not conflict with the federal Graves Amendment, 49 U.S.C. § 30106, and is not preempted by it. Puerini v. LaPierre, 208 A.3d 1157, 2019 R.I. LEXIS 81 (R.I. 2019).

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>>>>>>> origin/main 31-47-1.1. Legislative findings and intent.

WHEREAS, the General Assembly has conducted extensive hearings on the issue of mandatory automobile insurance and finds that:

  1. Mandatory automobile liability insurance will not guarantee that all drivers will carry automobile liability insurance and in other states with mandatory automobile insurance nearly twenty percent (20%) to twenty-five percent (25%) of drivers do not comply with the state mandate and drive without insurance;
  2. Because of the evidence described in subdivision (1), Rhode Island drivers will need to carry additional insurance, to protect themselves from harm by uninsured motorists;
  3. All presently uninsured drivers who try to acquire automobile insurance will be placed in the assigned risk pool regardless of a good driving record, at an excessive rate;
  4. The state of Rhode Island ranks the eighth (8th) highest in the country for the cost of automobile insurance litigation per capita, this high cost of legal action adds to the already high cost of automobile insurance;
  5. No-fault insurance can reduce the cost of automobile insurance by reducing litigation and right-to-sue, but evidence also indicates that no-fault insurance can increase the cost of insurance if not properly enacted;
  6. A proposed rate increase in the Rhode Island Auto Insurance Plan of thirty-four percent (34%) has been granted without full disclosure by insurance companies of their investments, profits, losses, administrative costs and other pertinent information to justify the rate increase;
  7. Fraud, theft and inflated automobile repair costs are significant elements of the increased cost of automobile insurance which must be reduced;
    1. The Governor of the state has agreed to immediately institute a blue ribbon task force to investigate the causes for the high cost of automobile insurance, recommend remedies to reduce the cost of automobile insurance and prepare legislation for introduction. The scope of the task force shall include, but not be limited to, the reviewing of:
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      1. Procedures and processes concerning claims, appraisals, adjustments and auto repair charges,
      2. Costs of litigation, including the imposition of ceiling or caps on legal fees,
      3. Disclosure by insurance companies of all costs to do business, including those that affect premium rates,
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      5. Procedures and processes concerning claims, appraisals, adjustments and auto repair charges,
      6. Costs of litigation, including the imposition of ceiling or caps on legal fees,
      7. Disclosure by insurance companies of all costs to do business, including those that affect premium rates,
      8. >>>>>>> origin/main Enforcement and restitution procedures.
    2. The task force shall make specific recommendations to the general assembly pertaining to the alternatives of no-fault insurance, traditional liability and so-called “choice” legislation which provides an option of no-fault or traditional liability insurance.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 431, § 1; P.L. 2000, ch. 109, § 46.

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>>>>>>> origin/main 31-47-1.2. Subpoena.

The governor shall have the right to grant subpoena powers, by executive order, to any commission or task force created to investigate the causes for the high cost of automobile insurance in Rhode Island, as referenced in § 31-47-1.1(8) .

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 431, § 1.

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>>>>>>> origin/main 31-47-2. Definitions.

As used in this chapter the term:

  1. “Accident” or “motor vehicle accident” means any accident involving a motor vehicle that results in bodily injury to, or death of, any person, or damage to the property of any person in excess of five hundred dollars ($500).
  2. “Administrator ” means the administrator of the division of motor vehicles in the department of revenue.
  3. “Commissioner” means the insurance commissioner of this state.
  4. “Dealer engaged in the business of leasing motor vehicles” means any person engaged in the business of regularly making available, offering to make available, or arranging for another person to use a motor vehicle pursuant to a bailment, lease, or other contractual arrangement.
  5. “Driver” means every person who drives, or is in actual physical control of, a motor vehicle.
  6. “Financial security bond” means for each motor vehicle a bond executed by the owner and by a surety company duly authorized to transact business in this state.
  7. “Financial security deposit” means for each motor vehicle the deposit with the assistant director of seventy-five thousand dollars ($75,000) in cash or securities, such as may legally be purchased by savings banks or trust funds, of a market value of seventy-five thousand dollars ($75,000).
  8. “License” includes any license, permit, or privilege to operate a motor vehicle issued under the laws of this state including:
    1. Any temporary instruction permit or examiner’s driving permit;
    2. The privilege of any person to drive a motor vehicle whether or not the person holds a valid license; or
    3. Any nonresident’s operating privilege.
  9. “Motor vehicle” means every vehicle required to display registration plates for operation upon public highways of this state.
  10. “Nonresident” means every person who is not a resident of this state.
  11. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by that person of a motor vehicle, or the use of a motor vehicle owned by that person, in this state.
  12. “Owner” means a person who holds the legal title of a motor vehicle. If a motor vehicle is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the vendee or lessee is the owner. If a mortgagor of a motor vehicle is entitled to possession, the mortgagor is the owner.
    1. “Owner’s policy of liability insurance” means a policy:
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      1. Affording coverage as defined in the minimum provisions prescribed in a regulation that shall be promulgated by the commissioner. The commissioner, before promulgating the regulations or any amendments to them, shall consult with all insurers licensed to write automobile liability insurance in this state and shall not prescribe minimum provisions that fail to reflect the provisions of automobile liability insurance policies issued within this state at the date of the regulation or amendment of it. Nothing contained in regulation or in this chapter shall prohibit any insurer from affording coverage under an owner’s policy of liability insurance more liberal than that required by the minimum provisions. Every owner’s policy of liability insurance shall provide insurance subject to the regulation against loss from the liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to, or death of, any person and injury to, or destruction of, property arising out of the ownership, maintenance, use, or operation of a specific motor vehicle or motor vehicles within the state of Rhode Island or elsewhere in the United States, in North America, or the Dominion of Canada, subject to a limit, exclusive of interest and costs, with respect to each motor vehicle of twenty-five thousand dollars ($25,000) because of bodily injury to, or death of, one person in any one accident; and subject to the limit for one person, to a limit of fifty thousand dollars ($50,000), because of bodily injury to, or death of, two (2) or more persons in any one accident; and a limit of twenty-five thousand dollars ($25,000) because of injury to, or destruction of, property of others in any one accident; or seventy-five thousand dollars ($75,000) combined, single limit. Any insurer authorized to issue an owner’s policy of liability insurance as provided for in this chapter may, pending the issue of the policy, make an agreement to be known as a binder, or may, in lieu of the policy, issue a renewal endorsement or evidence of renewal of an existing policy, each of which shall be construed to provide indemnity or protection in like manner and to the same extent as the policy. The provisions of this chapter shall apply to such binders, renewal endorsements, or evidences of renewal; and
      2. In the case of a vehicle registered in this state, a policy issued by an insurer duly authorized to transact business in this state; or
      3. In the case of a vehicle registered in another state in the name of a nonresident, either a policy issued by an authorized insurer, or a policy issued by an unauthorized insurer authorized to transact business in the state of the nonresident’s residence if the unauthorized insurer files with the commissioner, in a form to be approved by him or her, a statement consenting to service of process and declaring its policies shall be deemed to be varied to comply with the requirements of this chapter; and
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      5. Affording coverage as defined in the minimum provisions prescribed in a regulation that shall be promulgated by the commissioner. The commissioner, before promulgating the regulations or any amendments to them, shall consult with all insurers licensed to write automobile liability insurance in this state and shall not prescribe minimum provisions that fail to reflect the provisions of automobile liability insurance policies issued within this state at the date of the regulation or amendment of it. Nothing contained in regulation or in this chapter shall prohibit any insurer from affording coverage under an owner’s policy of liability insurance more liberal than that required by the minimum provisions. Every owner’s policy of liability insurance shall provide insurance subject to the regulation against loss from the liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to, or death of, any person and injury to, or destruction of, property arising out of the ownership, maintenance, use, or operation of a specific motor vehicle or motor vehicles within the state of Rhode Island or elsewhere in the United States, in North America, or the Dominion of Canada, subject to a limit, exclusive of interest and costs, with respect to each motor vehicle of twenty-five thousand dollars ($25,000) because of bodily injury to, or death of, one person in any one accident; and subject to the limit for one person, to a limit of fifty thousand dollars ($50,000), because of bodily injury to, or death of, two (2) or more persons in any one accident; and a limit of twenty-five thousand dollars ($25,000) because of injury to, or destruction of, property of others in any one accident; or seventy-five thousand dollars ($75,000) combined, single limit. Any insurer authorized to issue an owner’s policy of liability insurance as provided for in this chapter may, pending the issue of the policy, make an agreement to be known as a binder, or may, in lieu of the policy, issue a renewal endorsement or evidence of renewal of an existing policy, each of which shall be construed to provide indemnity or protection in like manner and to the same extent as the policy. The provisions of this chapter shall apply to such binders, renewal endorsements, or evidences of renewal; and
      6. In the case of a vehicle registered in this state, a policy issued by an insurer duly authorized to transact business in this state; or
      7. In the case of a vehicle registered in another state in the name of a nonresident, either a policy issued by an authorized insurer, or a policy issued by an unauthorized insurer authorized to transact business in the state of the nonresident’s residence if the unauthorized insurer files with the commissioner, in a form to be approved by him or her, a statement consenting to service of process and declaring its policies shall be deemed to be varied to comply with the requirements of this chapter; and
      8. >>>>>>> origin/main The form of which has been approved by the commissioner.
    2. No such policy shall be issued or delivered in this state until a copy of the form of the policy shall have been on file with the commissioner for at least thirty (30) days, unless sooner approved in writing by the commissioner, nor, if within that period of thirty (30) days, the commissioner shall have notified the carrier in writing that in the commissioner’s opinion specifying the reasons for it, the form of the policy does not comply with the laws of the state.
  14. “Person” includes every natural person, firm, partnership, association, or corporation.
  15. “Proof of financial security” means proof of ability to respond in damages for liability arising out of the ownership, maintenance, or use of a motor vehicle as evidenced by an owner’s policy of liability insurance, a financial security bond, a financial security deposit, or qualification as a self-insurer under this title, or in the case of a nonresident, under self-insurance provisions of the laws of the jurisdiction of that nonresident. Proof of financial security may be produced in either paper or electronic format. Acceptable electronic formats include display of documentation on any mobile electronic device.
  16. “Registration” means registration certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
  17. “Self insurer” means a person who shall have been determined by the department of business regulation, in accordance with this title, to be financially responsible.
  18. “State,” when used in this chapter, unless the context clearly indicates otherwise, means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 2000, ch. 109, § 46; P.L. 2008, ch. 98, § 29; P.L. 2008, ch. 145, § 29; P.L. 2014, ch. 29, § 3; P.L. 2014, ch. 36, § 3; P.L. 2014, ch. 44, § 1; P.L. 2014, ch. 51, § 1.

Compiler’s Notes.

This section was amended by four acts (P.L. 2014, ch. 29, § 3; P.L. 2014, ch. 36, § 3; P.L. 2014, ch. 44, § 1; P.L. 2014, ch. 51, § 1) as passed by the 2014 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2014, ch. 29, § 3, and P.L. 2014, ch. 36, § 3 enacted identical amendments to this section.

P.L. 2014, ch. 44, § 1, and P.L. 2014, ch. 51, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

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Liability Insurance.

The provision of Subdivision (12)(i) requiring that every owner’s policy of liability insurance must provide coverage for damages arising out of bodily injury to any person invalidate family-exclusion provisions. Glaude v. Continental Ins. Co., 708 A.2d 190, 1998 R.I. LEXIS 112 (R.I. 1998).

Although the family-exclusion clause of motor insurance had been rendered void by the passage of the mandatory insurance law, all other provisions of the policy, including the liability coverage limit, were to be enforced in a manner consistent with the parties’ intentions and the law. Glaude v. Continental Ins. Co., 708 A.2d 190, 1998 R.I. LEXIS 112 (R.I. 1998).

Mass. Gen. Laws ch. 90, § 34A, which allowed Massachusetts insurers to offer automobile insurance coverage which only applied to losses occurring in Massachusetts, as long as optional coverage for losses occurring outside Massachusetts, as required by Mass. Gen. Laws ch. 175, § 113C, was also offered, did not conflict with the law of Rhode Island, as stated in R.I. Gen. Laws § 31-47-2(13)(i)(A) , requiring liability coverage for losses occurring anywhere in North America, or Rhode Island public policy, because neither Rhode Island law or public policy attempted to regulate the contents of insurance policies sold by insurers in other states, so an insured who purchased “Massachusetts-only” coverage and declined additional coverage was not entitled to reformation of his insurance policy when he was involved in an automobile accident in Rhode Island. Mendez v. Brites, 849 A.2d 329, 2004 R.I. LEXIS 103 (R.I. 2004).

Since prior case law had already determined that public policy concerns did not preclude enforcement of a Massachusetts auto insurance policy limiting liability coverage to accidents that occurred in Massachusetts, the court should have granted an auto insurer’s motion for summary judgment declaring that the insurer did not have to provide coverage for an accident that occurred in Rhode Island; Rhode Island’s own compulsory coverage provisions applied only to cars registered in Rhode Island. Robinson v. Mayo, 849 A.2d 351, 2004 R.I. LEXIS 112 (R.I. 2004).

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Liability Insurance.

The provision of Subdivision (12)(i) requiring that every owner’s policy of liability insurance must provide coverage for damages arising out of bodily injury to any person invalidate family-exclusion provisions. Glaude v. Continental Ins. Co., 708 A.2d 190, 1998 R.I. LEXIS 112 (R.I. 1998).

Although the family-exclusion clause of motor insurance had been rendered void by the passage of the mandatory insurance law, all other provisions of the policy, including the liability coverage limit, were to be enforced in a manner consistent with the parties’ intentions and the law. Glaude v. Continental Ins. Co., 708 A.2d 190, 1998 R.I. LEXIS 112 (R.I. 1998).

Mass. Gen. Laws ch. 90, § 34A, which allowed Massachusetts insurers to offer automobile insurance coverage which only applied to losses occurring in Massachusetts, as long as optional coverage for losses occurring outside Massachusetts, as required by Mass. Gen. Laws ch. 175, § 113C, was also offered, did not conflict with the law of Rhode Island, as stated in R.I. Gen. Laws § 31-47-2(13)(i)(A), requiring liability coverage for losses occurring anywhere in North America, or Rhode Island public policy, because neither Rhode Island law or public policy attempted to regulate the contents of insurance policies sold by insurers in other states, so an insured who purchased “Massachusetts-only” coverage and declined additional coverage was not entitled to reformation of his insurance policy when he was involved in an automobile accident in Rhode Island. Mendez v. Brites, 849 A.2d 329, 2004 R.I. LEXIS 103 (R.I. 2004).

Since prior case law had already determined that public policy concerns did not preclude enforcement of a Massachusetts auto insurance policy limiting liability coverage to accidents that occurred in Massachusetts, the court should have granted an auto insurer’s motion for summary judgment declaring that the insurer did not have to provide coverage for an accident that occurred in Rhode Island; Rhode Island’s own compulsory coverage provisions applied only to cars registered in Rhode Island. Robinson v. Mayo, 849 A.2d 351, 2004 R.I. LEXIS 112 (R.I. 2004).

>>>>>>> origin/main 31-47-3. Regulations authorized — Access to court and agency records.

  1. The administrator of the division of motor vehicles is authorized to promulgate reasonable regulations to provide effective administration and enforcement of the provisions of this chapter.
  2. Notwithstanding any contrary provisions of this or any other law of this state, the administrator of the division of motor vehicles, for the purpose of carrying out the provisions of this chapter, shall have access to the records of the family court and all other courts and agencies concerning motor vehicle violations of any person who has applied for motor vehicle liability insurance. Upon request of the insurance company to which application has been made, the administrator of the division of motor vehicles shall make available to the insurance company any information concerning motor vehicle violations of the applicant.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-3.1. Registration application.

  1. No motor vehicle shall be registered and no registration renewed in this state unless the application for the registration of a motor vehicle shall contain a statement to be signed by the applicant who does all of the following:
    1. States that the applicant will not operate, or allow to be operated, the registered motor vehicle or any other motor vehicle unless all those motor vehicles shall be covered by financial security;
    2. Contains a brief summary of the purposes and operation of this chapter, the rights and duties of the applicant and the penalties for violation of this chapter;
    3. Warns the applicant that this chapter does not prevent the possibility that the applicant may be involved in an accident with an owner or operator of a motor vehicle who is without financial responsibility.
    1. In the case of a person who purchases any motor vehicle from a licensed motor vehicle dealer, who agrees to make application for registration of the motor vehicle on behalf of the purchaser, the person shall sign a statement that complies with subsection (a) of this section.
    2. In the case of a person who leases any motor vehicle from a dealer engaged in the business of leasing motor vehicles who agrees to make application for registration of the motor vehicle on behalf of the lessee, the person shall sign a statement that complies with subsection (a) of this section, and the dealer shall do either of the following:
      1. Submit the statement signed by the person to the division of motor vehicles;
      2. Sign and submit a statement that certifies that the statement has been signed and filed with the dealer or incorporated into the lease.
      3. The administrator of the division of motor vehicles shall prescribe the form for all statements required under this section and the manner in which these statements shall be presented to the applicant. Statements shall be designed to enable the applicant to retain a copy.
      4. An application for an operator’s, chauffeur’s, restricted or probationary license, or renewal of those licenses shall contain a statement to be signed by the applicant that does all of the following:
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        1. States that the applicant will not operate a motor vehicle in this state, unless he or she maintains, or has maintained on his or her behalf, financial security;
        2. Contains a brief summary of the purposes and operation of this chapter, the rights and duties of the applicant and the penalties for violation of this chapter;
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        4. States that the applicant will not operate a motor vehicle in this state, unless he or she maintains, or has maintained on his or her behalf, financial security;
        5. Contains a brief summary of the purposes and operation of this chapter, the rights and duties of the applicant and the penalties for violation of this chapter;
        6. >>>>>>> origin/main Warns the applicant that the financial responsibility law does not prevent the possibility that the applicant may be involved in an accident with an owner or operator of a motor vehicle who is without financial security.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 1992, ch. 431, § 2; P.L. 1993, ch. 4, § 1; ch. 142, § 2; P.L. 2000, ch. 109, § 46.

NOTES TO DECISIONS

Liability.

Where the insurers disputed the amount of their respective liability pursuant to a settlement agreement, the trial court erred in finding that the vehicle owner’s insurer was liable for the first $ 25,000 under R.I. Gen. Laws § 31-47-3.1 and that the insurers were liable on a pro rata basis thereafter, as the insurance policies agreed that the owner’s insurer was the primary insurer, and as a result, the owner’s insurer was liable to the policy limits. Ferreira v. Mello, 811 A.2d 1175, 2002 R.I. LEXIS 244 (R.I. 2002).

Relationship to Federal Law.

Motor Vehicle Reparation Act (MVRA), R.I. Gen. Laws § 31-47-1 et seq., does not impose vicarious tort liability on dealers who do not comply with the mandatory insurance requirements; therefore the MVRA does not conflict with the federal Graves Amendment, 49 U.S.C. § 30106, and is not preempted by it. Puerini v. LaPierre, 208 A.3d 1157, 2019 R.I. LEXIS 81 (R.I. 2019).

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>>>>>>> origin/main 31-47-4. Notice of termination.

  1. No contract of insurance or renewal of it shall be terminated by cancellation or failure to renew by the insurer until at least thirty (30) days after mailing to the named insured, at the address shown on the policy a notice of termination or cancellation by certificate of mailing, except that when cancellation is for nonpayment of premium the notice shall be mailed to the named insured at the address shown on the policy at least ten (10) days prior to the effective date of cancellation.
  2. Time of the effective date and hour of termination stated in the notice shall become the end of the policy period.
  3. Every notice of termination for any cause whatsoever sent to the insured shall include in type of which the face shall not be smaller than twelve (12) point, a statement that financial security is required to be maintained continuously throughout the registration period and that failure to maintain financial security shall subject the violator to a mandatory suspension of license and registration.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 1993, ch. 181, § 1.

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>>>>>>> origin/main 31-47-5. Acceptance of financial security deposits.

  1. All moneys or securities delivered to the assistant director as a financial security deposit shall be placed by the assistant director in the custody of the general treasurer. These assets shall be subject to execution to satisfy any judgment for damages for bodily injury or death, or injury to or destruction of property arising out of the ownership, maintenance, use, or operation of the motor vehicle with respect to which the deposit has been accepted. This deposit is subject to the same limits on amount required by this chapter for an owner’s policy of liability insurance, and if the moneys or securities shall be otherwise subjected to attachment or any execution, the depositor shall immediately furnish additional moneys or securities not otherwise subject to attachment or execution to meet the requirements of this chapter.
  2. The assistant director shall not accept moneys or securities as a financial security deposit unless accompanied by evidence that there are no unsatisfied judgments against the person.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-6. Release of financial security bonds or deposits.

  1. The administrator of the division of motor vehicles, upon the surrender of the registration and number plates for a motor vehicle for which a financial security bond or deposit was accepted by the administrator of the division of motor vehicles, shall permit the cancellation of any bond or shall direct that any deposit be returned by the general treasurer. The administrator of the division of motor vehicles shall not release the bond or deposit in the event any action for damages upon a liability referred to in this chapter is then pending, or any judgment upon any liability then outstanding and unsatisfied, or in the event the administrator of the division of motor vehicles has received notice that the person has within the period of three (3) months immediately preceding been involved as a driver in any motor vehicle accident. An affidavit of the applicant of nonexistence of those facts shall be sufficient evidence of it in the absence of evidence to the contrary in the records of the division of motor vehicles.
  2. The administrator of the division of motor vehicles, subject to any reasonable regulations that he or she may establish, shall permit the form of financial security acceptable under this chapter to be substituted for another form of financial security which may already have been accepted by the assistant director as complies with the provisions of this chapter.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-7. Self-insurers.

The director of the department of business regulation, in his or her discretion, may upon the application of a person having registered in his or her name in this state more than twenty-five (25) motor vehicles, issue a certificate of self insurance when he or she is reasonably satisfied that the person is possessed, and will continue to be possessed, of financial ability to respond to judgments obtained against the person arising out of the ownership, maintenance, use, or operation of the person’s motor vehicles. Entities applying to, or previously authorized to, permissibly self-insure are subject to the jurisdiction of the department of business regulation. Upon due notice and hearing, the director of the department of business regulation may, in his or her discretion and upon reasonable grounds, cancel a certificate of self insurance. The department of business regulation is authorized to promulgate and enforce rules and regulations that may be necessary to carry out the provisions of this section, including, but not limited to:

  1. Obtaining and reviewing financial statements and related information necessary to ascertain the applicant’s ability to self-insure,
  2. Apportioning the cost of review to the applicant in a manner similar to that utilized to charge insurance companies for review and analysis of their financial statements, and
  3. Imposing and enforcing upon entities authorized to permissibly self-insure any and all claims handling and settlement practices required of insurers in the settlement of claims.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 2014, ch. 29, § 3; P.L. 2014, ch. 36, § 3.

Compiler’s Notes.

P.L. 2014, ch. 29, § 3, and P.L. 2014, ch. 36, § 3 enacted identical amendments to this section.

NOTES TO DECISIONS

Owners of Rental Vehicles.

Owners of rental vehicles who possess certificates of self-insurance issued pursuant to § 31-33-9 or this section are still required to prove financial responsibility under § 31-34-1 in order to register their vehicles under chapter 34 of title 31. A certificate of self-insurance issued under § 31-33-9 or this section cannot be used to satisfy requirements of § 31-34-1 as the General Assembly intended all owners of rental vehicles to adhere specifically to the requirements of chapter 34 of title 31 and that the possession of self-insurance certificate issued pursuant to a separate statutory provision does not meet the requirements of §§ 31-34-1 and 31-34-2 . Miles-Un-Ltd. v. Fanning, 624 A.2d 843, 1993 R.I. LEXIS 135 (R.I. 1993).

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>>>>>>> origin/main 31-47-8. [Repealed.]

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 1998, ch. 229, § 1; P.L. 1998, ch. 440, § 1; repealed by P.L. 2021, ch. 398, § 2, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 2, effective July 14, 2021.

Compiler's Notes.

Former § 31-47-8 concerned revocation of registrations; drivers' licenses; and nonresident privileges.

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>>>>>>> origin/main 31-47-8.1. [Repealed.]

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 378, § 1; P.L. 1999, ch. 83, § 75; P.L. 1999, ch. 130, § 75; P.L. 2008, ch. 98, § 29; P.L. 2008, ch. 145, § 29; repealed by P.L. 2021, ch. 398, § 2, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 2, effective July 14, 2021.

Compiler's Notes.

Former § 31-47-8.1 concerned verification of proof of financial security.

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>>>>>>> origin/main 31-47-9. Penalties.

  1. Any owner of a motor vehicle registered or required to be registered in this state who shall knowingly operate the motor vehicle or knowingly permit it to be operated in this state without having in full force and effect the financial security required by the provisions of this chapter, and any other person who shall operate in this state any motor vehicle registered or required to be registered in this state with the knowledge that the owner of it does not have in full force and effect financial security, except a person who, at the time of operation of the motor vehicle, had in effect an operator’s policy of liability insurance with respect to his or her operation of the vehicle, may be subject to a mandatory suspension of license and registration as follows:
    1. For a first offense, a suspension of up to three (3) months and may be fined one hundred dollars ($100) up to five hundred dollars ($500);
    2. For a second offense, a suspension of six (6) months and may be fined five hundred dollars ($500); and
    3. For a third and subsequent offense, a suspension of up to one year. Additionally, any person violating this section a third or subsequent time shall be punished as a civil violation and may be fined one thousand dollars ($1,000).
  2. An order of suspension and impoundment of a license or registration, or both, shall state that date on or before which the person is required to surrender the person’s license or certificate of registration and registration plates. The person is deemed to have surrendered the license or certificate of registration and registration plates, in compliance with the order, if the person does either of the following:
    1. On or before the date specified in the order, personally delivers the license or certificate of registration and registration plates, or causes the delivery of those items, to the administrator of the division of motor vehicles or court, whichever issued the order; or
    2. Mails the license or certificate of registration and registration plates to the administrator of the division of motor vehicles, in an envelope or container bearing a postmark showing a date no later than the date specified in the order.
  3. The administrator of the division of motor vehicles shall not restore any operating privileges or registration rights suspended under this section or return any license, certificate of registration, or registration plates impounded under this section unless the rights are not subject to suspension or revocation under any other law and unless the person, in addition to complying with all other conditions required by law for reinstatement of operating privileges or registration rights, complies with all of the following:
    1. Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be increased, upon approval of the administrator of the division of motor vehicles, up to an amount not exceeding fifty dollars ($50.00); and
    2. Files and maintains proof of financial security. To facilitate the administration of this chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of all persons against whom judgments have been entered arising out of a motor vehicle collision.
  4. For the purpose of this section, an “operator’s policy of liability insurance” means a policy issued by an insurance carrier duly authorized to transact business in this state that shall insure the person named in it as insured, against loss from the liability imposed upon him or her by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person and injury to or destruction of property arising out of the use by him or her of any motor vehicle not owned by him or her, subject to the same minimum provisions and approval required by this chapter with respect to an owner’s policy of liability insurance. With respect to a nonresident, the policy may also be issued by a nonadmitted insurance carrier provided the requirements of this chapter, with respect to issuance of an owner’s policy of liability insurance by the carrier, have been met.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 1993, ch. 142, § 2; P.L. 1998, ch. 229, § 1; P.L. 1998, ch. 440, § 1; P.L. 1998, ch. 476, § 1; P.L. 2000, ch. 97, § 1; P.L. 2021, ch. 105, § 1, effective July 1, 2021; P.L. 2021, ch. 106, § 1, effective July 1, 2021; P.L. 2021, ch. 398, § 7, effective July 14, 2021; P.L. 2021, ch. 399, § 7, effective July 14, 2021.

Compiler's Notes.

P.L. 2021, ch. 105, § 1, and P.L. 2021, ch. 106, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 398, § 7, and P.L. 2021, ch. 399, § 7 enacted identical amendments to this section.

This section was amended by four acts (P.L. 2021, ch. 105, § 1; P.L. 2021, ch. 106, § 1; P.L. 2021, ch. 398, § 7; P.L. 2021, ch. 399, § 7 ) as passed by the 2021 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

NOTES TO DECISIONS

Constitutionality.

This section and § 31-47-10 , when read in pari materia, facially circumvent the procedural protections guaranteed by the Constitution because they may result in a termination of a driver’s license without a hearing. Lee v. Rhode Island, 942 F. Supp. 750, 1996 U.S. Dist. LEXIS 15186 (D.R.I. 1996).

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>>>>>>> origin/main 31-47-9.1. Penalties — Illegal evidence of financial security.

  1. No person shall knowingly make, sell or otherwise make available any invalid or counterfeit evidence of financial security as defined in this chapter. No person shall alter any invalid evidence of financial security to make it appear valid.
  2. Any person convicted of a violation of this section shall be guilty of a felony and shall be punished by a fine of not less than five hundred dollars ($500), nor more than three thousand dollars ($3,000), or imprisonment of not more than one year, or both.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 379, § 1.

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>>>>>>> origin/main 31-47-10. [Repealed.]

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 2001, ch. 158, § 1; repealed by P.L. 2021, ch. 398, § 2, effective July 14, 2021; repealed by P.L. 2021, ch. 399, § 2, effective July 14, 2021.

Compiler's Notes.

Former § 31-47-10 concerned accident reports.

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>>>>>>> origin/main 31-47-11. Reinstatement of suspended license or registration.

Any order of suspension or impoundment issued under this chapter may be terminated at any time if the administrator of the division of motor vehicles determines upon a showing of proof of financial security that the operator or owner of the motor vehicle was in compliance with financial security requirements of this chapter at the time of the traffic offense or accident which resulted in the order against the person. That determination may be made without a hearing. This section does not apply unless the person shows good cause for the person’s failure to present satisfactory proof of financial responsibility to the court, traffic tribunal, or administrator of the division of motor vehicles prior to the issuance of the order.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-12. Police officers and agents of administrator of the division of motor vehicles — Fees collected, forms of proof.

  1. For the purpose of enforcing the provisions of this chapter, every police officer of a state, town, or municipality is deemed an agent of the administrator of the division of motor vehicles. Any police officer who, in the performance of his or her duties as authorized by law, becomes aware of a person whose license is under an order of suspension, or whose certificate of registration and registration plates are under an order of impoundment, pursuant to this section may confiscate the license, certificate of registration, and registration plates, and return them to the administrator of the division of motor vehicles. Any forms used by law enforcement agencies in administering this section shall be prescribed by the administrator of the division of motor vehicles, the cost of which shall be borne by these agencies. No police officer, law enforcement agency employing a police officer, or political subdivision or governmental agency that employs a police officer shall be liable in a civil action for damages or loss to persons arising out of the performance of the duty required or authorized by this section. “Police officer” means the full-time police from the rank of patrol up to and including the rank of colonel or chief of any police department in any city or town within the state of Rhode Island or of the state police.
  2. All fees, except court costs, collected under this chapter shall be paid into the state treasury and credited to the highway safety fund in a special account hereby created, to be known as the “financial responsibility compliance special account.” This special account shall be used exclusively to cover costs incurred by the division of motor vehicles in the administration of this chapter, and by any law enforcement agency employing any police officer who returns any license, certificate of registration, and registration plates to the administrator of the division of motor vehicles pursuant to this chapter.
  3. The administrator of the division of motor vehicles, court, or traffic tribunal may require proof of financial security. A person may demonstrate proof of financial responsibility under this section by presenting to the court, traffic tribunal, or administrator of the division of motor vehicles any of the following documents or a copy of these documents:
    1. A certificate of proof of financial responsibility;
    2. A bond or certification of the issuance of a bond;
    3. A certificate of deposit of money or securities; or
    4. A certificate of self insurance.
  4. At the time of investigation of a motor vehicle offense or accident by a police officer or when a motor vehicle is stopped by a police officer for probable cause, the police officer making the investigation or stopping the motor vehicle shall ask for evidence of proof of financial security as defined in this chapter. Proof of financial responsibility may be provided using a mobile electronic device; provided, however, that the police officer requiring the proof of financial responsibility shall be prohibited from viewing any other content on the mobile electronic device. Any person utilizing an electronic device to provide proof of insurance shall assume any and all liability for any damage sustained to the mobile electronic device. If the evidence is not provided, a citation to appear before the traffic tribunal shall be issued to the operator. However, any citation issued solely for failing to provide evidence of financial responsibility shall be held by the issuing police officer or law enforcement agency for at least one business day before submitting the citation to the traffic tribunal. Any operator who receives a citation for failing to provide valid evidence of financial responsibility shall have the opportunity to provide evidence of financial responsibility that existed at the time of the violation within the one-business-day period, at which time the issuing police officer or law enforcement agency shall withdraw the citation, and the motorist shall not be required to appear before the traffic tribunal. Notwithstanding this provision, police officers who issue a citation for lack of evidence of financial responsibility, in addition to one or more other citations, need not wait the one-business-day waiting period before submitting the citation for lack of evidence of financial responsibility to the traffic tribunal. The traffic tribunal may, by rule and regulation, prescribe the procedures for processing the citations. Motor vehicles may not be stopped solely for the purpose of checking for evidence of proof of financial security.
    1. Upon a first offense, one must provide proof of current insurance and a binder or release letter covering the cost of the accident, as long as the accident does not include bodily injury or death.
    2. In addition, penalties do not release the motorist from any pending matter before any other appropriate court.
  6. Any operator of a motor vehicle registered in this state who shall operate a motor vehicle without proof of financial security, as defined in this chapter, being in full force and effect on the date of the motor vehicle stop or accident, may be subject to suspension of license and fines as follows:
    1. For a first offense, a suspension of up to thirty (30) days and may be fined one hundred dollars ($100) up to two hundred and fifty dollars ($250);
    2. For a second offense, a suspension of up to six (6) months and may be fined five hundred dollars ($500); and
    3. For a third and subsequent offense, a suspension of up to one year. Additionally, any person violating this section a third or subsequent time shall be punished as a civil violation and may be fined one thousand dollars ($1,000).
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 1993, ch. 182, § 1; P.L. 1993, ch. 204, § 1; P.L. 1998, ch. 476, § 1; P.L. 2007, ch. 498, § 1; P.L. 2007, ch. 513, § 1; P.L. 2014, ch. 24, § 1; P.L. 2014, ch. 28, § 1; P.L. 2018, ch. 180, § 1; P.L. 2018, ch. 201, § 1; P.L. 2019, ch. 308, art. 2, § 10.

Compiler’s Notes.

P.L. 2014, ch. 24, § 1, and P.L. 2014, ch. 28, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 180, § 1, and P.L. 2018, ch. 201, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 180, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 201, § 2, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-47-12.1. Right to choose auto body repair facility.

Any evidence of proof of financial responsibility or security shall include the following statement therein in bold face print: “PURSUANT TO RHODE ISLAND LAW, THE CONSUMER HAS THE RIGHT TO CHOOSE THE REPAIR FACILITY TO COMPLETE REPAIRS TO A MOTOR VEHICLE. AN INSURANCE COMPANY MAY NOT INTERFERE WITH THE CONSUMER’S CHOICE OF REPAIRER.”

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>>>>>>> origin/main History of Section. P.L. 2005, ch. 205, § 1; P.L. 2007, ch. 526, § 2.

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>>>>>>> origin/main Applicability.

P.L. 2005, ch. 205, § 2, provides that this act shall take effect 60 days after passage and shall apply to proof of insurance identification cards issued to policy holders upon renewal.

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>>>>>>> origin/main 31-47-13. Insurers and sureties.

  1. A finding by the administrator of the division of motor vehicles or traffic tribunal, or court that a person is covered by financial responsibility in the form of an insurance policy or surety bond is not binding upon the named insurer or surety or any of its officers, employees, agents, or representatives and has no legal effect except for the purpose of administering this section.
  2. The preparation and delivery of a document authorized to be used as financial responsibility under this division does not do any of the following:
    1. Create any liability or estoppel against an insurer or surety, or any of its officers, employees, agents, or representatives;
    2. Constitute an admission of the existence of, or of any liability or coverage under, any policy or bond;
    3. Waive any defenses or counterclaims available to an insurer, surety, agent, employee, or representative in an action commenced by an insured or third party claimant upon a cause of action alleged to have arisen under an insurance policy or surety bond or by reason of the preparation and delivery of a document for use as financial responsibility.
  3. Whenever it is determined by a final judgment in a judicial proceeding that an insurer or surety, which has been named on a document accepted by a court or the administrator of the division of motor vehicles as financial responsibility covering the operation of a motor vehicle at the time of an accident or offense, is not liable to pay a judgment for injuries or damages resulting from that operation, the administrator of the division of motor vehicles shall, notwithstanding any previous contrary finding, immediately suspend the operating privileges and registration rights of the person against whom the judgment was rendered as provided by this chapter.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-14. Notice to other jurisdictions.

The administrator of the division of motor vehicles shall transmit a certified copy of any record of any conviction under this chapter or of any action taken pursuant to this chapter resulting in revocation of a nonresident’s privilege to operate a motor vehicle in this state or the privilege of the operation within this state of any motor vehicle owned by the nonresident to the administrator of the division of motor vehicles or officer performing similar functions in the state in which the nonresident resides.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-15. Exceptions.

This chapter shall not apply to any motor vehicle for the operation of which security or proof of financial responsibility is required to be furnished under §§ 39-14-18 , 39-14-19 , 39-13-7 , 39-13-8, and 39-13-9 , nor to any vehicle for which a permit or certificate is in force pursuant to the Interstate Commerce Act (see now 49 U.S.C. § 10101 et seq.), nor to any motor vehicle owned by the United States, any state, or any political subdivision of any state.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-15.1. Exception for seasonal vehicles.

  1. Upon receipt of a signed written request for a suspension from the owner of a registered motor vehicle stating that the vehicle will not be operated upon any highway during a period of not less than thirty (30) consecutive days, the insurer of the vehicle shall suspend, to the extent requested by the owner, insurance afforded under the policy providing the security required by this chapter, for the vehicle until notified by the owner that the coverage should be reinstated. During the period of suspension only, the provisions of this chapter shall not apply with respect to the vehicle. If the vehicle is operated upon any highway by or with the permission of the owner during the period of suspension, the provisions of this chapter shall immediately become applicable.
  2. As used in this section, the term “highway” includes all roads as defined in § 31-1-23 , except a private road or driveway.
  3. This section shall not apply to a motor vehicle for which proof of financial responsibility is required under the provisions of chapter 32 of this title. This section shall not apply to motorized vehicles used seasonally in the town of New Shoreham commonly referred to as mopeds.
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>>>>>>> origin/main History of Section. P.L. 1996, ch. 334, § 1; P.L. 2021, ch. 398, § 7, effective July 14, 2021; P.L. 2021, ch. 399, § 7, effective July 14, 2021.

Compiler's Notes.

P.L. 2021, ch. 398, § 7, and P.L. 2021, ch. 399, § 7 enacted identical amendments to this section.

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>>>>>>> origin/main 31-47-15.2. Exception — Vehicles owned by active duty military personnel.

  1. “Highway,” as used in this section, means all roads as defined in § 31-1-23 , except a private road or driveway.
  2. Upon receipt of a signed written request for a suspension from the owner of a registered motor vehicle stating that the vehicle will not be operated upon any highway during a period of not less than thirty (30) consecutive days as a consequence of the entrance of the owner into the active duty military service of the United States, the insurer of that vehicle shall suspend, to the extent requested by the owner, insurance afforded under the policy providing the security required by this chapter for that vehicle until notified by the owner that the coverage should be reinstated. During the period of suspension only, the provisions of this chapter do not apply as to that vehicle. If the vehicle is operated upon any highway by or with the permission of the owner during the period of suspension, the provisions of this chapter immediately become applicable. Reinstatement of coverage shall be under the same terms and conditions as were in effect at the time of notification of suspension.
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>>>>>>> origin/main History of Section. P.L. 2002, ch. 256, § 1.

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>>>>>>> origin/main 31-47-16. Assigned risk plans.

After consultation with insurance companies authorized to issue automobile liability policies in this state, the insurance commissioner shall approve a reasonable plan or plans for the equitable apportionment among the insurance companies of applicants for those policies and for motor vehicle liability policies who are in good faith entitled to them, and are unable to procure those policies through ordinary methods. When any plan has been approved, all insurance companies shall subscribe to and participate in it. Any applicant for any automobile liability policy, any person insured under any assigned risk plan, and any insurance company affected, may appeal to the insurance commissioner from any ruling or decision of the manager or committee designated to operate the plan. Any person aggrieved under this section by any order or act of the insurance commissioner may, within ten (10) days after notice of it, file a petition in the superior court for the counties of Providence and Bristol for a review of the petition. The court shall summarily hear the petition and may make any appropriate order or decree.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-17. Insurance companies.

If there is reason to believe that there has been a noncompliance with any of the provisions of this chapter, every insurance company authorized to issue automobile liability policies shall be required upon request to provide the division of motor vehicles with information sufficient to evidence an individual’s compliance with this chapter within ten (10) days of request.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

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>>>>>>> origin/main 31-47-18. Automobile liability insurance rates.

Any general or public law to the contrary notwithstanding, the commissioner shall, after consulting with all insurers licensed to write automobile liability insurance in this state, promulgate regulations which provide that automobile liability insurance rates shall take into account the past claim experience of the applicant for the insurance and incorporate the principles used in so called “merit rating” or “experience rating” rate plans which are now in effect in other states.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1; P.L. 2000, ch. 109, § 46.

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>>>>>>> origin/main 31-47-19. Constitutionality.

If any part or parts of this chapter shall be held unconstitutional, the unconstitutionality shall not affect the validity of the remaining parts of this chapter. The legislature declares that it would have passed the remaining parts of this chapter if it had known that any part or parts of it would be declared unconstitutional.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 167, § 1.

Chapter 47.1 Motor Vehicle Emissions Inspection Program

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>>>>>>> origin/main 31-47.1-1. Legislative findings.

The general assembly finds and declares that:

  1. Air quality in Rhode Island does not meet the national and state ambient air quality standard for ozone;
  2. Poor air quality has an adverse effect on the health of all Rhode Island residents, particularly the elderly, the very young and those with respiratory ailments;
  3. Motor vehicle emissions account for a substantial amount of air pollution problems in the state;
  4. There is a dramatic need to reduce motor vehicle emissions in Rhode Island;
  5. The Clean Air Act Amendments of 1990 (42 U.S.C. § 7401 et seq.) mandates that the states formulate and implement individual programs to systematically improve ambient air quality, including a program to reduce emissions through the inspection and maintenance of motor vehicles;
  6. Should Rhode Island fail to act in a timely manner to improve its ambient air quality pursuant to the Clean Air Act Amendments of 1990, notwithstanding the continued adverse effect air pollution will have on the environment and citizenry of the state, the United States department of transportation will withhold highway funding until compliance is attained, the United States environmental protection agency will withhold grants to support air pollution planning and control programs until compliance is attained, require new emissions be offset by emissions reductions at a ratio of two (2) to one, and will implement a motor vehicle emissions inspection program in the state. In addition, the citizens of the state of Rhode Island may seek injunctive relief under the provisions of the Clean Air Act (42 U.S.C. § 7401 et seq.).
  7. The general assembly enacted legislation mandating a centralized system for motor vehicle emissions inspections and maintenance during the January 1993 session;
  8. The centralized motor vehicle emission inspection and maintenance program was never implemented;
  9. A decentralized system for motor vehicle emission inspection is more desirable than a centralized system;
  10. Designing, promulgating and implementing a decentralized system for motor vehicle emissions inspection and maintenance will improve air quality, protect the health of Rhode Islanders, assure compliance with the federal clean air act and allow the removal of sanctions imposed on the state of Rhode Island.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1.

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>>>>>>> origin/main 31-47.1-2. Definitions.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

  1. “Authorized inspection and repair stations (AIRS)” means a facility which has been authorized by the department to conduct motor vehicle emissions inspections and re-inspections.
  2. “Compliance certificate” means a written statement, instrument or device indicating that a motor vehicle complies with the standards and criteria for motor vehicle emissions inspection.
  3. “Department” means the department of revenue.
  4. “Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power and motorized wheelchairs.
  5. “Motor vehicle emissions inspection” means a test of the emissions of air contaminants from a motor vehicle and any visual and functional checks related to the emission of air contaminants from a motor vehicle conducted pursuant to this chapter.
  6. “Waiver certificate” means a written statement, instrument or device indicating the requirement of compliance with the standards and criteria for motor vehicle emissions inspection for a particular motor vehicle has been waived.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2; P.L. 2008, ch. 98, § 30; P.L. 2008, ch. 145, § 30.

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>>>>>>> origin/main 31-47.1-3. Inspection requirement.

  1. Each motor vehicle subject to the provisions of this chapter shall be subject to a motor vehicle emissions inspection, conducted no more frequently than annually. Different classes of motor vehicles or model years may be subject to different inspection frequencies.
  2. Motor vehicles subject to this chapter shall be determined by regulations, and shall include, but not necessarily be limited to, all 1975 and later model year light duty vehicles and light duty trucks up to and including eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight rating.
  3. Any motor vehicle which is inspected and found not to comply with the standards and criteria for motor vehicle emissions inspections must, within thirty (30) days of the inspection, be re-inspected and found to comply with the standards and criteria for motor vehicle emissions inspections, or have received a waiver certificate, or not be operated on the highways of the state.
  4. Any certificate issued under this chapter shall always be carried in an easily accessible place in or about the vehicle for which the certificate was issued.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1995, ch. 152, § 1; P.L. 1996, ch. 165, § 1; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1; P.L. 2000, ch. 109, § 47.

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>>>>>>> origin/main 31-47.1-4. Law enforcement.

Any law enforcement officer or designee of the director of the department of revenue whose duty it is to enforce laws related to motor vehicles, may demand and inspect any certificate issued under this chapter.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 2008, ch. 98, § 30; P.L. 2008, ch. 145, § 30.

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>>>>>>> origin/main 31-47.1-5. Exemptions.

The following motor vehicles shall be exempt from the requirements of this chapter:

  1. A motor vehicle twenty-five (25) years or older.
  2. Any class of motor vehicles that is exempted by regulation of the department because the vehicle presents prohibitive inspection problems or is inappropriate for inspection.
  3. Motor vehicles operated exclusively by electric power.
  4. New motor vehicles until twenty-four (24) months after their date of purchase or twenty-four thousand (24,000) miles, whichever occurs first.
  5. Motor vehicles that are in compliance with an enhanced motor vehicle inspection program operated by another jurisdiction may be exempt upon the owner providing a current written certification of compliance, if the inspection program in that jurisdiction is approved by the United States environmental protection agency.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1.

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>>>>>>> origin/main 31-47.1-6. Repealed.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; Repealed by P.L. 1997, ch. 65, § 1, effective July 1, 1997.

Compiler’s Notes.

Former § 31-47.1-6 concerned contracts with private entities for emissions inspections.

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>>>>>>> origin/main 31-47.1-7. Motor vehicle emissions programs.

  1. The department and the department of environmental management shall establish programs for the purpose of inspecting motor vehicles. It shall be the responsibility of the department to provide for the supervision of the operational aspects of emission inspection stations. It shall be the responsibility of the department of environmental management to provide for the environmental aspects of the motor vehicle emissions inspections. The programs, in total, shall be no less stringent than any performance standard for enhanced motor vehicle inspection/maintenance programs promulgated by the U.S. Environmental Protection Agency and shall meet the requirements necessary for motor vehicles to qualify for the emission performance warranty provisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.). The department and the department of environmental management may contract with private entities to assist the state in the administration of motor vehicle inspection programs.
  2. The department shall promulgate rules and regulations for the issuance of certificates of compliance and certificates of waiver.
  3. The department shall promulgate rules and regulations specifying the vehicles subject to the motor vehicle emissions inspection requirement.
  4. The department shall conduct an on-road testing program. The department may require that vehicles it has reason to believe are not in compliance with the standards and criteria for motor vehicle emissions inspections submit to an out of cycle inspection at an AIRS and, if necessary, be brought into compliance as provided by this chapter.
  5. The department shall assess the availability of adequate repair technician training and shall ensure that training is made available to interested individuals either through private or public facilities.
  6. The department shall establish procedures to ensure that vehicles subject to either a voluntary emissions recall or a remedial plan pursuant to § 207(c)(42 U.S.C. § 7541(c)) of the federal Clean Air Act received the required repairs.
  7. The department of environmental management shall promulgate rules and regulations establishing standards and criteria for motor vehicle emissions inspections, giving consideration to the levels of emissions necessary to achieve and maintain federal and state ambient air quality standards and the levels necessary to protect human health and the environment. The standards and criteria shall include, but not be limited to, a requirement to test the exhaust of motor vehicles for hydrocarbons, carbon monoxide and oxides of nitrogen. The standards and criteria may include, in lieu of the requirement to test the exhaust of model year 1996 and later motor vehicles, a requirement to inspect on-board diagnostic systems and to repair malfunctions or system deterioration identified by or affecting the systems. The standards and criteria may be different for different model years and types of vehicles. The department of environmental management shall promulgate regulations relative to: testing equipment specifications, quality assurance and quality control procedures for testing equipment, calibration gases, failure rates, emission standards, testing procedures, data collection and data analysis.
  8. The department shall fund and establish a program for the quality assurance of motor vehicle emissions inspections with the state police and municipal police departments. This program may include a requirement for inspections of emissions inspection stations to determine compliance with all operational requirements.
  9. The department of environmental management shall establish programs for public information and consumer protection.
  10. The department of environmental management shall submit all appropriate aspects of the motor vehicle emissions inspection programs to the Environmental Protection Agency as revisions to the State Implementation Plan in accordance with the requirements of the federal Clean Air Act.
  11. Rules and regulations promulgated by the department and the department of environmental management shall specify that the emissions inspection programs required by this chapter shall be a decentralized system of authorized inspection and repair stations and shall incorporate the inspection required by chapter 38 of title 31 of the general laws relating to motor vehicles.
  12. Each AIRS must participate in any state sponsored program which provides emissions inspection equipment on a lease or purchase basis.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1; P.L. 2002, ch. 201, § 1.

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>>>>>>> origin/main 31-47.1-8. Waiver certificate.

  1. A motor vehicle which, after inspection or re-inspection, fails to comply with the standards and criteria for motor vehicle emissions inspections shall be eligible for a waiver certificate, provided that:
    1. The cost of emission related repairs performed exceeds the repair cost limit. The cost of repairs may include the cost of emission related repairs made after the inspection or the cost of emission related repairs made up to sixty (60) days prior to the inspection. The cost of repairs shall not include any costs covered by an emission control performance warranty or the cost to repair or replace any emission control system or mechanism which has been removed, dismantled or rendered inoperative. The repair cost limit shall be two hundred and fifty dollars ($250) in 1999, 2000, and 2001 and shall be four hundred fifty dollars ($450) in 2002 and 2003. After 2003 the repair cost limit shall be four hundred and fifty dollars ($450) and shall be adjusted in January of each year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989; or
    2. A complete, documented physical and functional diagnosis and inspection, conducted by the department, shows that no additional emission related repairs are needed.
  2. No person shall knowingly give false information to an AIRS or the department concerning the repair costs or repairs needed to bring a motor vehicle into compliance with the standards and criteria for motor vehicle emissions inspections.
  3. Any person may perform repairs on a vehicle in order to meet the requirements of this chapter or chapter 38 of this title, except that the cost of repairs, including diagnosis, parts, and labor, to be applied to the repair cost limit must be performed by a certified repair technician. Only the cost of parts may be applied to the repair cost limit if repairs are performed by someone other than a certified repair technician.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1.

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>>>>>>> origin/main 31-47.1-9. Prohibitions.

  1. No person may issue a compliance certificate or a waiver certificate for a motor vehicle that has not been inspected in accordance with or is not in compliance with the standards and criteria for motor vehicle emissions inspections.
  2. No person may alter, falsify or counterfeit a compliance certificate or a waiver certificate.
  3. No person may materially alter or change any equipment or mechanism of a motor vehicle that has received a compliance certificate in a manner that the motor vehicle no longer complies with the standards and criteria for motor vehicle emissions inspections. This section shall not be construed as preventing the temporary alteration of equipment for the purpose of motor vehicle repair.
  4. Any person under contract to the state to provide motor vehicle emission testing support service and/or any employee of such a contractor and the operator of an AIRS and/or an employee of an AIRS violating any of the provisions of this chapter may be subject to criminal penalties of a fine of up to one thousand dollars ($1,000), by imprisonment of not more than thirty (30) days, or by both fine and imprisonment for each violation.
  5. Any person under contract to the state to assist the state in the administration of a motor vehicle emission inspection program and/or any employee of the contractor and the operator of an AIRS and/or an employee of an AIRS, or any person who is or acts as a garage repair person, violating any rule or regulation promulgated under the authority of this chapter shall be subject to a civil or administrative penalty of not more than one thousand dollars ($1,000) for each violation.
  6. Any person violating any of the provisions of this chapter or any rule or regulation promulgated under the authority of this chapter shall be subject to a civil or administrative penalty of not more than one thousand dollars ($1,000) for each violation.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1997, ch. 65, § 2.

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>>>>>>> origin/main 31-47.1-10. Proceedings for enforcement.

  1. The traffic tribunal shall have jurisdiction to enforce the criminal penalty provisions of this chapter.
  2. The traffic tribunal shall have jurisdiction to enforce the provisions of any rule or regulation issued by the department pursuant to this chapter. The division of enforcement of the department of environmental management shall have jurisdiction to enforce the provisions of any rule or regulation issued by the department of environmental management pursuant to this chapter.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 2000, ch. 109, § 47.

Cross References.

Administrative adjudication for environmental matters, § 42-17.7-1 et seq.

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>>>>>>> origin/main 31-47.1-11. Fees.

  1. Beginning in fiscal year 2015, a fee of fifty-five dollars ($55.00) is to be charged for each motor vehicle inspected. The amount of fees collected shall provide for the cost of the inspection, the costs of administering the motor vehicle emissions inspection program and other costs provided by law. The fee must be paid for each motor vehicle inspected at an emissions inspection station at the time of the inspection and is payable whether a compliance certificate, waiver certificate, or no certificate is issued. There shall be no fee charged for one reinspection of a vehicle that failed an initial inspection when the reinspection is conducted at the AIRS that conducted the initial inspection. <<<<<<< HEAD =======

    >>>>>>> origin/main Of the fifty-five dollars ($55.00) fee, nineteen dollars ($19.00) shall be retained by the inspection station owner to cover the costs of performing the inspection. The remaining thirty-six dollars ($36.00) shall be remitted to the program manager. The program manager shall retain no more than four dollars ($4.00) of the fee and remit no less than thirty-two dollars ($32.00) for deposit in the Rhode Island highway maintenance account. Be it further provided that twenty dollars ($20.00) generated from the fee be deposited into the Rhode Island highway maintenance fund according to the schedule provided in subsection (b) of § 39-18.1-5 . The general assembly shall annually appropriate such sums as may be required to cover the costs of administering the program by the division of motor vehicles and the department of environmental management.

  2. [Deleted by P.L. 2014, ch. 145, art. 21, § 6].
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 254, § 1; P.L. 1995, ch. 370, art. 40, § 107; P.L. 1997, ch. 65, § 2; P.L. 1998, ch. 327, § 1; P.L. 2000, ch. 55, art. 27, § 1; P.L. 2006, ch. 246, art. 8, § 1; P.L. 2007, ch. 73, art. 34, § 1; P.L. 2014, ch. 145, art. 21, § 6.

Chapter 47.2 Heavy Duty Diesel Vehicle Emission Inspections

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>>>>>>> origin/main 31-47.2-1. Legislative findings.

The general assembly finds and declares that:

  1. Exhaust emissions from heavy-duty diesel engines used in trucks and buses traveling within Rhode Island contribute significantly to air pollution within the state;
  2. Heavy-duty diesel engines in a poor state of repair emit higher levels of pollution than engines that are well maintained;
  3. Citizens of Rhode Island frequently raise concerns about emissions from heavy-duty diesel engines;
  4. These emissions diminish the quality of life and health of our citizens;
  5. Technology exists to determine the level of exhaust emissions from heavy-duty vehicles;
  6. Maintenance and repair procedures are available that can readily be employed to correct unacceptable exhaust emissions;
  7. Rhode Island is a party to a memorandum of understanding among states of the northeast United States in which each state agreed to use its best efforts to implement heavy-duty diesel testing programs consistent with the elements of the memorandum of understanding; and
  8. It is in the public interest to establish a program regulating exhaust emissions from heavy-duty diesel trucks and buses traveling within Rhode Island.
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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1.

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>>>>>>> origin/main 31-47.2-2. Inspection requirement.

  1. The administrator of the division of motor vehicles shall, at the direction of the director of the department of revenue and in coordination with the department of environmental management, establish rules and regulations and develop testing techniques and emission standards for motor vehicles subject to the provisions of this chapter.
  2. Motor vehicles subject to this chapter shall be determined by regulation, and shall include, but not necessarily be limited to, all diesel powered trucks and buses of all model years and over eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight rating that operate on the highways of Rhode Island.
  3. Standards for opacity of emissions shall be promulgated for all subject vehicles.
  4. In establishing such standards, the administrator shall review standards in effect in other states in the northeast United States and to the extent practicable shall establish standards consistent with standards in other states.
  5. Emissions inspections may be performed at roadside or in conjunction with any safety or weight inspection.
  6. Any motor vehicle which is inspected and found not to comply with the standards for heavy-duty diesel motor vehicle emissions shall be repaired within forty-five (45) consecutive calendar days after the inspection so as to comply with the standards for heavy-duty diesel motor vehicle emissions, or not be operated on the highways of the state.
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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1; P.L. 2008, ch. 98, § 31; P.L. 2008, ch. 145, § 31.

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>>>>>>> origin/main 31-47.2-3. On-road inspection.

Beginning no later than January 1, 2001, motor vehicles subject to the provisions of this chapter shall be subject to a roadside emissions inspection conducted by the state police or such other police officer defined in § 31-1-21 upon a specific designation by the state police, and provided such officers are certified by the Commercial Vehicle Safety Alliance as a North American Standard Truck Inspector.

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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1; P.L. 2007, ch. 401, § 1; P.L. 2007, ch. 491, § 1.

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>>>>>>> origin/main 31-47.2-4. Periodic inspection.

  1. Beginning no later than January 1, 2003, all vehicles subject to the provisions of this chapter and registered in Rhode Island shall be inspected for emissions on a periodic basis.
  2. Vehicles subject to the provisions of this chapter which are operated in fleets of ten (10) or more vehicles may be self-inspected or inspected at a heavy-duty authorized inspection and repair (HD-AIRS) facility on an annual basis.
  3. Individual heavy-duty vehicle owners, not in a fleet of ten (10) or more vehicles, shall have their vehicles inspected at a heavy-duty authorized inspection and repair (HD-AIRS) facility on an annual basis.
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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1.

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>>>>>>> origin/main 31-47.2-5. Inspection fee.

A fee, established in accordance with the rules and regulations of the department of revenue, is to be charged for each motor vehicle inspected. The amount of the fee collected shall provide for the cost of inspection, the cost of administering the motor vehicle inspection program, and other costs provided by law.

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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1; P.L. 2008, ch. 98, § 31; P.L. 2008, ch. 145, § 31.

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>>>>>>> origin/main 31-47.2-6. Penalty for violations.

  1. After July 1, 2001, any person who fails to comply with the provisions of this chapter or any rule or regulation promulgated under this chapter shall be subject to a civil violation and penalty of:
    1. One hundred twenty-five dollars ($125) for a first offense;
    2. Five hundred twenty-five dollars ($525) for a second offense; and
    3. One thousand twenty-five dollars ($1,025) for the third and subsequent offenses.
  2. The penalties may be reduced upon a showing that repairs have been made to bring failing vehicles into compliance with emission standards. There shall be no reduction for a first offense. Any reduction of the penalty for second, third, and subsequent offenses shall be by not more than four hundred fifty dollars ($450).
  3. No person shall knowingly give false information to a HD-AIRS, the administrator or his designee concerning compliance with the provisions of this chapter and regulations promulgated under this chapter.
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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1; P.L. 2002, ch. 58, § 11.

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>>>>>>> origin/main Applicability.

P.L. 2002, ch. 58, § 13 provides that the amendment to this section by that act takes effect upon passage [June 13, 2002] and applies to all motor vehicle violations occurring upon and after that date.

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>>>>>>> origin/main 31-47.2-7. Contract.

The administrator may contract the services of an independent contractor in order to carry out his or her duties under this chapter.

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>>>>>>> origin/main History of Section. P.L. 2000, ch. 280, § 1.

Chapter 47.3 The Diesel Emissions Reduction Act

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>>>>>>> origin/main 31-47.3-1. Legislative findings.

  1. Diesel emissions, due in large part to their high concentrations of particulate matter, are associated with severe and multiple health risks to the citizens of Rhode Island, including increased risks of cancer, decreased lung function, aggravated asthma, heart attacks and premature death. Reducing diesel pollution will also help advance the state’s climate protection goals and climate action plan by reducing black carbon pollution.
  2. Diesel exhaust also contains nitrogen oxides, which contribute to the formation of ground-level ozone, or smog. Rhode Island continues to be classified as a “serious-nonattainment area” for ozone.
  3. Reducing diesel pollution may help to stem the tide of the asthma epidemic in Rhode Island where more than one in ten (10) citizens have asthma. Rhode Island ranks eighth (8th) in the U.S. for the worst asthma rates overall, and has the fifth (5th) highest rate for children. Rhode Islanders pay about forty-one million dollars ($41,000,000) per year in asthma-associated health costs. Asthma is the most common chronic disease in children and responsible for the most school absences in Rhode Island.
  4. The EPA, recognizing the harmful effects of diesel emissions, issued new fuel and engine emission standards that will reduce particulate matter emissions from engines model year 2007 and newer ninety percent (90%) below previous levels.
  5. The same technology that reduces emissions by up to ninety percent (90%) for new engines can be retrofitted onto existing engines, which will continue to operate for years.
  6. As a first step in tackling the diesel pollution problem in Rhode Island, school buses should be given high priority.
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>>>>>>> origin/main History of Section. P.L. 2007, ch. 177, § 1; P.L. 2007, ch. 219, § 1.

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>>>>>>> origin/main 31-47.3-1.1. Purpose.

This act shall be known and may be cited as “An Act Concerning Government Responsibility To Protect Public Health From Diesel Pollution.” The general purposes of this act are to:

  1. Minimize human exposure to and health risks from diesel pollution;
  2. Reduce health costs, missed school days, lost worker productivity and premature mortality linked to exposure to the diesel particulate matter (PM) and other diesel pollutants;
  3. Achieve maximum feasible diesel particulate matter emissions reductions and diminished human exposure that is additional to the impact of federal diesel emission rules, which focus mostly on new engines;
  4. Advance the state’s climate protection goals and climate action plan by reducing the amount of black carbon pollution emitted by diesels; and
  5. Achieve health benefits for Rhode Island by ensuring state contracting and leasing takes advantage of retrofits that are occurring in the marketplace.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 171, § 1; P.L. 2010, ch. 184, § 1.

Compiler’s Notes.

P.L. 2010, ch. 171, § 1, and P.L. 2010, ch. 184, § 1, enacted identical versions of this section.

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>>>>>>> origin/main 31-47.3-2. Definitions.

When used in this chapter:

  1. “Best available retrofit technology” means technology, verified by the United States Environmental Protection Agency or California Air Resources Board (CARB) for achieving reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to the particular engine and application. Such technology shall not result in a net increase in nitrogen oxides.
  2. “Closed crankcase ventilation system (CCV)” means a system that separates oil and other contaminant from the blow-by gases and routes the blow-by gases into a diesel engine’s intake system downstream of air filter.
  3. “CMAQ” means the federal congestion mitigation and air quality improvement program, reauthorized by congress in 2005 by Sections 1101, 1103 and 1808 of the safe, accountable, flexible, efficient transportation equity act: a legacy for users (SAFETEA-LU) (Pub.L. 109-59, Aug. 10, 2005). SAFETEA-LU requires states and metropolitan planning organizations to give priority in distributing CMAQ funds for diesel engine retrofit projects, as well as other cost-effective emission reduction and congestion mitigation activities that benefit air quality.
  4. “Contractor” means any person contracting directly or indirectly with the state to provide labor, services, materials and/or equipment for the performance of a public works contract. Contractor includes a prime contractor, subcontractor, and any contractor(s) hired by such subcontractor.
  5. “DEM” means the Rhode Island department of environmental management.
  6. “DERA” means the federal diesel emission reduction act, enacted by congress as sections 791 through 797 of the energy policy Act of 2005 (Pub. L. 109-58, Aug. 8, 2005).
  7. “Director” refers to the director of the department of environmental management (DEM).
  8. “DOT” means the Rhode Island department of transportation.
  9. “Equipment list” means a list of all equipment owned, rented, or leased to be used on site.
  10. “Fleet owner” means a person, business or the state that owns ten (10) or more heavy duty vehicles operating in Rhode Island. Included in the total are related businesses owned and operated by a person, business or state.
  11. “Full-sized school bus” means a school bus, as defined in Rhode Island general law § 31-1-3 , which is a type 1 diesel school bus, including spare buses operated by or under contract to a school district, but not including emergency contingency vehicles or low usage vehicles.
  12. “Heavy duty vehicle” or “vehicle” means any on-road or nonroad vehicle powered by diesel fuel and having a gross vehicle weight of greater than fourteen thousand (14,000) pounds, or in the case of a nonroad vehicle, powered by diesel fuel and an engine with a rating of at least seventy-five (75) horsepower, including, but not limited to, non-stationary generators.
  13. “Inventory list” means a list of all equipment owned, rented, or leased by a contractor.
  14. “Level 1 control” means a verified diesel emission control device that achieves a particulate matter (PM) reduction of twenty-five percent (25%) or more compared to uncontrolled engine emissions levels.
  15. “Level 2 control” means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of fifty percent (50%) or more compared to uncontrolled engine emission levels.
  16. “Level 3 control” means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of eighty-five percent (85%) or more compared to uncontrolled engine emission levels, or that reduces emissions to less than or equal to one one-hundredth (0.01) grams of (PM) per brake horsepower-hour. Level 3 control includes repowering or replacing the existing diesel engine with an engine meeting US EPA’s 2007 Heavy-duty Highway Diesel Standards, published in the federal register at 66 Fed. Reg. 5001 (January 18, 2001), or in the case of a nonroad engine, an engine meeting the US EPA’s Tier 4 Nonroad Diesel Standards, published in the federal register at 69 Fed. Reg. 38957 (June 19, 2004).
  17. “Model year 2007 emission standards” means engine standards promulgated by the federal Environmental Protection Agency in 40 CFR Parts 69, 80 and 86.
  18. “Public works contract” means a contract with a state agency for a construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; a contract with a state agency regarding the preparation for any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; or a contract with a state agency for any final work involved in the completion of any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge.
  19. “State agency” means each state board, commission, department, or officer, other than quasi-public corporations, the legislature or the courts, authorized by law to make rules or to determine contested cases.
  20. The “state” shall mean state agencies or when related to “contractors” in this statute, the “state” shall mean the procuring agency or procuring agent.
  21. “Ultra low sulfur diesel fuel” means diesel fuel having sulfur content of fifteen parts per million (15ppm) of sulfur or less, as defined by the U.S. Environmental Protection Agency at 40 CFR section 80.520.
  22. “Verified emissions control device” means a device that has been verified by the federal Environmental Protection Agency or the California Air Resources Board to reduce particulate matter emissions by a given amount.
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>>>>>>> origin/main History of Section. P.L. 2007, ch. 177, § 1; P.L. 2007, ch. 219, § 1; P.L. 2010, ch. 171, § 2; P.L. 2010, ch. 184, § 2; P.L. 2010, ch. 239, § 32.

Compiler’s Notes.

This section was amended by three Acts (P.L. 2010, ch. 171, § 2; P.L. 2010, ch. 184, § 2; P.L. 2010, ch. 239, § 32) passed by the 2010 General Assembly. Since the acts are not in conflict, the section is set out as amended by all three acts.

P.L. 2010, ch. 171, § 2, and P.L. 2010, ch. 184, § 2, enacted identical amendments to this section.

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>>>>>>> origin/main 31-47.3-3. Reducing emissions from school buses.

  1. Purpose.  To reduce health risks from diesel particulate matter (DPM) to Rhode Island school children by significantly reducing tailpipe emissions from school buses, and preventing engine emissions from entering the passenger cabin of the buses.
  2. Requirements for Rhode Island school buses:
    1. By September 1, 2010, no full-size school bus with an engine model year 1993 or older may be used to transport school children in Rhode Island; and,
    2. By September 1, 2010 any new bus added to current bus fleets or after September 1, 2010 whenever a new contract is entered into by a city, town, school district or the state all busses included in that contract shall be equipped with a closed crankcase ventilation system and either: (i) Shall be equipped with a Level 1, Level 2, or Level 3 device verified by the US Environmental Protection Agency or the California Air Resources Board; or (ii) Shall be equipped with an engine of model year 2007 or newer; or (iii) Shall achieve the same or higher diesel PM reductions through the use of alternative fuel such as compressed natural gas verified by CARB/EPA to reduce DPM emissions at a level equivalent to or higher than subparagraph (b)(2)(ii) above; and,
    3. Providing there is sufficient federal or state monies, by September 1, 2012, all full-sized school buses transporting children in Rhode Island must be retrofitted with a closed crankcase ventilation system and either: (i) be equipped with a level 1, level 2, or level 3 device verified by the US Environmental Protection Agency or the California Air Resources Board; or (ii) be equipped with an engine of model year 2007 or newer; or (iii) achieve the same or higher diesel PM reductions through the use of an alternative fuel such as compressed natural gas verified by CARB/EPA to reduce DPM emissions at a level equivalent to or higher than subparagraph (b)(3)(ii) above.
  3. Financial assistance to defray costs of pollution reductions called for in (b)(2):
    1. The director shall work with the Rhode Island department of transportation or other authorized agencies to maximize the allocation of federal grants and loan monies provided for Rhode Island pursuant to the congestion mitigation and air quality improvement program (CMAQ) for diesel emissions reductions in federal FY 2008 and thereafter until the retrofit goals in this act are met.
    2. Drawing upon any available federal or state monies, the director shall establish and implement a system of providing reimbursements consistent with this section to municipalities, vendors, or school bus owners for the purchase and installation of any CARB/EPA-verified emission control retrofit device together with the purchase and installation of closed crankcase ventilation system (CCV) retrofit device. To the extent practicable, in kind services will also be utilized to offset some of the costs. Incentive recipients must also certify that newly purchased or retrofitted buses with a level 3 technology will operate in the state of Rhode Island for a minimum of four (4) years unless the bus fleet owner’s contract with the school district or state has expired.
  4. Priority community provision:
    1. When federal funds or funds from state or other sources become available, for use under subsection (c), these shall be allocated by the director, to the extent practicable, as follows: (i) First, for control of emissions from school buses operating primarily in urban core or urban ring cities. Buses operating primarily in urban core or urban ring cities must be retrofitted to the best available standard as defined in paragraph (d)(3); (ii) Next, for control of emissions from buses not operating primarily in urban core or urban ring cities. (iii) Lastly, for buses operating primarily in urban core or urban ring cities already retrofitted with a level 1, level 2, or level 3 and/or crankcase ventilator device but that do not meet the best available standard as defined in paragraph (d)(3). Buses already meeting the best available standard as defined in paragraph (d)(3) will not be considered for this retrofitting program and municipalities, vendors, or school bus owners owning equipment retrofitted either prior to the implementation of this retrofit program or through another retrofit program with a level 1, level 2, level 3 and/or crankcase ventilator device will not be reimbursed as outlined in paragraph (c)(2).
    2. Fleet owners currently holding contracts with Rhode Island school districts, and Rhode Island school districts owning their own fleets must comply with the retrofitted prioritization scheme as determined by the director and work with DEM to ensure that (i) By September 1, 2012 all buses are retrofit as outlined in paragraph (b)(3); and (ii) By September 1, 2010 no new bus may be added to their current fleets unless they meet standards outlined in paragraph (b)(2).
    3. The “best available” standard is attained by all new buses (engine MY2007 and newer); by diesel buses engine model year 2003 to 2006, inclusive, that have been retrofitted with level 3-verified diesel particulate filters and closed crankcase ventilation systems; provided, however, that if DEM finds that the cost of a level 3 verified diesel particulate filter is not reasonable or otherwise not appropriate for use on a particular engine, the standard shall be at least a level 1 verified diesel emission control device and closed crankcase ventilation system; by diesel buses engine model year 1994 to 2002, inclusive, that has been retrofitted with at least level 1 verified diesel emission control devices and closed crankcase ventilation systems; and by natural gas buses that achieve the same or better emissions standards as a 2007 engine model year diesel bus.
    4. “Urban core cities” means Central Falls, Newport, Providence, Pawtucket, and Woonsocket
    5. “Urban ring cities” means North Providence, East Providence, West Warwick, Cranston, and Warwick.
  5. To achieve the pressing public health and environmental goals of this act, DEM shall identify opportunities to achieve maximize PM reductions from diesel powered heavy duty vehicle or equipment that is owned by, operated by, or on behalf of, or leased by, or operating under a contract to a state agency or state or regional public authority (except vehicles that are specifically equipped for emergency response) and diesel powered waste collection and recycling vehicles that are owned, leased, or contracted to perform the removal or transfer or municipal, commercial or residential waste, or recycling services. No later than January 1, 2008, DEM shall present a report to the general assembly, governor, house committee on environment and natural resources, and the senate committee on environment and agriculture on such opportunities to maximum PM reductions from the aforementioned fleets including legislative changes, regulatory changes, funding sources, contract requirements, procurement requirements, and other mechanisms that will bring about maximum PM reductions from these two priority fleets. This report shall explore funding sources beyond CMAQ, including but not limited to Diesel Reductions Emissions Reduction Act (DERA) funds under the Federal Energy Act.
  6. Severability.  If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.
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>>>>>>> origin/main History of Section. P.L. 2007, ch. 177, § 1; P.L. 2007, ch. 219, § 1; P.L. 2008, ch. 475, § 7; P.L. 2010, ch. 171, § 2; P.L. 2010, ch. 184, § 2; P.L. 2010, ch. 239, § 32.

Compiler’s Notes.

This section was amended by three Acts (P.L. 2010, ch. 171, § 2; P.L. 2010, ch. 184, § 2; P.L. 2010, ch. 239, § 32) passed by the 2010 General Assembly. Since the three acts are not in conflict, the section is set out as amended by all three acts.

P.L. 2010, ch. 171, § 2, and P.L. 2010, ch. 184, § 2, enacted identical amendments to this section.

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>>>>>>> origin/main 31-47.3-4. Emission reduction strategies in new public works contracts.

Effective upon passage of this legislation, any solicitation for a public works contract with the state, and any contract entered into as a result of such solicitation, shall include provisions requiring all heavy duty vehicles used in the performance of such contract to adhere to the following requirements:

  1. Contractors shall establish staging zones, provided that such space is available at no extra cost, for diesel vehicles away from the general public or sensitive receptors, including, but not limited to, hospitals, schools, and residential neighborhoods, to minimize the impact of emissions from idling vehicles.
  2. Idling of diesel engines shall be limited to no more than five (5) minutes, except in cases where the engine must idle to perform normal operations, as with a cement truck.
  3. Onroad and nonroad heavy-duty diesel vehicles, including generators, shall use only ultra-low sulfur diesel fuel.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 171, § 1; P.L. 2010, ch. 184, § 1.

Compiler’s Notes.

P.L. 2010, ch. 171, § 1, and P.L. 2010, ch. 184, § 1, enacted identical versions of this section.

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>>>>>>> origin/main 31-47.3-5. Use of emission control technology in new public works contracts.

  1. Effective upon passage of this legislation, the department of transportation (DOT) shall implement contract requirements specified in subsection (b) on at least one project to be out to bid no later than September 30, 2010. Performance of the project, if deemed practicable by the director of DOT, must be started no later than six (6) months after the project bid has been awarded. DOT shall provide a summary report of the results of the project, implementation of these provisions and any recommendations to the governor and the general assembly no later than sixty (60) days after project completion. In selecting the project, the DOT shall prioritize otherwise eligible projects that:
    1. Each have a total individual budget of no less than six million dollars ($6,000,000);
    2. Serve areas in Rhode Island:
      1. With highest population density; and/or
      2. Exposed to a disproportionate amount of air pollution from diesel fleets.
  2. Beginning January 1, 2013, any solicitation for a public works contract or contracts with the state funded in whole or in part by federal monies and having a total project cost of at least five million dollars ($5,000,000), and any contract entered into as a result of such solicitation, shall include provisions requiring all heavy duty vehicles used in the performance of such contract to adhere to the following requirements:
    1. Subject to the provisions of subdivisions (2) through (4), onroad and nonroad heavy-duty diesel vehicles, including generators, shall be powered by engines with properly operating and maintained Level 3 controls. Provided, however, that if the department of environmental management (DEM) finds that no Level 3 verified emission control devices have been verified and are otherwise appropriate for use on particular engines, Level 2 verified devices shall be required; if neither Level 3 nor Level 2 devices have been verified and are otherwise appropriate for use on particular engines, Level 1 verified devices shall be required; and
    2. emission control technology requirements of subdivision (1) shall not apply to:
      1. Vehicles and equipment dedicated for snow removal;
      2. Farm equipment;
      3. Vehicles that are specially equipped and used for emergency response and vehicles that are used during a declared state of emergency and for the life of the project associated with the state of emergency;
      4. Vehicles that are used to deliver equipment or material to and from the project site;
      5. Standby generators; and
      6. Vehicles used on the project for less than thirty (30) total work days over the life of the project; and
    3. Unregulated, or pre-Tier 1 diesel engines are exempt from the requirements in subdivision (1). No later than December 1, 2011, DEM shall initiate a stakeholder process to determine how to reduce particulate emissions from unregulated, or pre-Tier 1 diesel engines, and how to create a statewide inventory of heavy duty diesel vehicles and how this inventory is published. The stakeholder process shall include representatives from industries that utilize pre-Tier 1 diesel engines. DEM shall report findings and recommendations from the stakeholder process to the governor and the general assembly no later than July 1, 2012; and
    4. Emission controls shall be required only to the extent of available reimbursement from project funds covering the equipment purchase and installation labor costs of the controls, provided that at least one percent (1%) of the total of each project budget shall be dedicated for such reimbursement.

      (i) Funds shall be generally allocated to pay for the most cost-effective emission controls in terms of particulate pollution reduction per dollar spent.

      (ii) Dedicated funds, subject to this subdivision (4), remaining after all eligible vehicles and equipment have been retrofit and reimbursement to contractors has been rendered subject to the provisions of this statute, may be considered part of the overall project budget as determined by the state.

  3. Implementation.  The requirements of subsections (a) and (b) shall be implemented as specified by the state, and shall include the following:
    1. A blind bidding process;
    2. When project bids are awarded, the state shall notify the contractor in writing of the total budget for retrofits according to the provisions of subdivision (b)(4);
    3. Contractors must select vehicles and equipment to be retrofitted according to the requirements of subsection (b) within the budget specified by the state. Contractors shall give priority to retrofitting vehicles and equipment that:
      1. Will likely spend the most time operating on the project;
      2. Will disproportionately expose the surrounding community and sensitive receptors including, but not limited to, hospitals, schools and residential neighborhoods to diesel pollution; and
      3. Are most cost-effective in terms of emission controls for particulate pollution reduction per dollar spent.
    4. Construction shall not proceed until the contractor submits an equipment list of all heavy-duty vehicles to be used on site, in the format specified by the department of environmental management, including the following:

      (i) Contractor and subcontractor names and addresses, plus contact person responsible for the vehicles and or equipment; and

      (ii) Documentation, including the technology type, EPA/CARB verification number/control Level, manufacturer, make, model, serial number of the retrofit device; the date the retrofit was installed; or in the case of a delayed shipment for retrofit parts and/or equipment, proof of purchase and the expected ship date from the manufacturer, for the retrofitted vehicles to be used on the project; and

    5. Equipment, as further defined in subdivisions (c)(3) and (4), not meeting the requirements of this section shall not be used on the project site; provided, however, that:

      (i) If the contractor can provide documentation demonstrating that a retrofit was ordered for noncompliant equipment, but not arrived yet, and that the failure to retrofit in a timely manner was caused by circumstances beyond the contractor’s control, the noncompliant equipment may begin work on the project and operate on site for a maximum thirty (30) total work days or for additional time if authorized by the procuring agency.

      (ii) If the contractor subsequently needs to bring on site equipment not on the equipment list specified in subdivision (4), the contractor shall submit written notification within forty-eight (48) hours to the procuring agency and the additional equipment shall be used on the project site for no more than thirty (30) total work days or for additional time if authorized by the procuring agency; provided that noncompliant equipment shall not be authorized for use more than three times during the life of the project.

  4. Reporting.
    1. The contractor shall submit monthly summary reports to the project manager, updating the equipment list, including diesel fuel use for the reporting time period for all equipment used in the performance of the contract. The addition or deletion of any equipment shall be included in the summary and noted in the monthly report.
    2. By December 1, 2013, and December 1 of each subsequent year through 2015, the state shall submit contractors’ monthly summary reports, along with all inventory lists and equipment lists to DEM in the form requested.
    3. By February 1, 2013, and February 1 of each subsequent year through 2015, DEM shall create and submit a summary report to the legislature. The report will be made accessible to the public by posting on the DEM website.
    4. The report submitted by February 1, 2013 shall include:
      1. A description of the state’s implementation of the new contract requirements;
      2. An estimate of the resulting diesel emission reductions;
      3. An estimate of the total population of heavy-duty diesel vehicles and equipment in the state;
      4. An estimate of the total population of retrofitted heavy-duty diesel vehicles and equipment in the state;
      5. A description of other appropriate measures of progress;
      6. A description of problems encountered and opportunities for additional reductions in diesel emissions; and
      7. Recommendations for any statutory changes including but not limited to:
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        1. The appropriate emissions control technology for specific vehicle groups;
        2. The types of projects that shall require emissions controls;
        3. The appropriate funding mechanism for continued implementation of the program;
        4. The reporting requirements necessary to track and number heavy duty vehicles in use, and the number of retrofits that are achieved under the program, and
        5. =======
        6. The appropriate emissions control technology for specific vehicle groups;
        7. The types of projects that shall require emissions controls;
        8. The appropriate funding mechanism for continued implementation of the program;
        9. The reporting requirements necessary to track and number heavy duty vehicles in use, and the number of retrofits that are achieved under the program, and
        10. >>>>>>> origin/main The appropriate enforcing agent for the program.
    5. DEM shall provide written notice and opportunity for a public meeting and comment on the draft of the report due February 1, 2013.
  5. DEM, DOT and other state agencies may promulgate regulations regarding the solicitation, bidding and awarding of public works projects as defined in subdivisions 31-47.3-5(b)(1) , (b)(2), (c)(4), and (d)(1) and regarding enforcement as defined in § 31-47.3-6 , provided that the scope of the rulemaking authority granted hereunder shall be narrowly construed. No rule promulgated hereunder shall expand the scope of or impose more stringent limitations than those expressly set forth in this act.
  6. Funding.
    1. All costs associated with the purchase and installation by a contractor of the emission control technologies for a specific project in order to comply with the contract provisions required by subsections (a) and (b) shall be fully reimbursed from project funds within sixty (60) days of the technology installation; provided that the compliant control technology is installed within thirty (30) work days after the applicable vehicle is brought onto the project site unless it meets the requirements provided in subdivision (c)(5).
    2. Retrofits installed with funds from the project shall remain on the heavy-duty diesel vehicle for the useful life of the emission control device or the vehicle or in the event the vehicle is sold out-of-state the retrofit technology may be removed at the contractor’s expense and used on a piece of equipment that performs work within Rhode Island no later than one year from the date it was removed from the original equipment.
  7. Public education.  Any project that is subject to public hearing requirements shall include at a minimum an overview of the diesel abatement strategies for the project as part of the public hearing presentation.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 171, § 1; P.L. 2010, ch. 184, § 1.

Compiler’s Notes.

P.L. 2010, ch. 171, § 1, and P.L. 2010, ch. 184, § 1, enacted identical versions of this section.

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>>>>>>> origin/main 31-47.3-5.1. Establishment of the Rhode Island clean diesel fund.

  1. There is hereby authorized and created within the Rhode Island department of environmental management (DEM) a Rhode Island clean diesel fund for the purpose of reducing emissions from heavy-duty diesel engines operating on state roads and helping companies improve supply chain efficiency as described in the United States Environmental Protection Agency’s SmartWay Program. The clean diesel fund will solicit projects that undertake eligible clean diesel measures and award grants from the fund to reimburse applicants for undertaking these measures.
  2. DEM shall promulgate rules and regulations pursuant to chapter 35 of title 42 containing a list of eligible clean diesel measures that shall include, but not be limited to, the following:
    1. Aerodynamic technologies;
    2. Clean alternative fuel conversions;
    3. Diesel emission reduction solutions;
    4. Engine repowers;
    5. Idle reduction technologies;
    6. Low-rolling resistance tires;
    7. Vehicle replacements;
    8. Replacement or upgrades of transport refrigeration units or transport refrigeration unit generator sets; and
    9. Routine maintenance shown to improve fuel efficiency or decrease emissions including, but not limited to, oil changes and cleaning of diesel particulate filters.
  3. Equipment eligible for grant funding must:
    1. Be intended for on-road use;
    2. Be registered with the Rhode Island division of motor vehicles;
    3. Be kept or garaged in Rhode Island as indicated on the vehicle registration issued by the division of motor vehicles;
    4. Have been certified to DEM that fifty percent (50%) or more of vehicle miles traveled, or hours of operation, shall be projected to be in Rhode Island for at least five (5) years following the grant award; and
    5. Meet any other criteria established in DEM rules and regulations promulgated by DEM pursuant to chapter 35 of title 42.
  4. Administrative costs.  The cost of administration and outreach by DEM shall not in any year exceed two hundred thousand dollars ($200,000), or ten percent (10%), of the fund appropriation, whichever is greater.
  5. Project priority list.  DEM shall promulgate rules and regulations pursuant to chapter 35 of title 42 that contain a project priority list for the Rhode Island clean diesel fund and the process through which an eligible applicant may submit an application for inclusion of a project on the project priority list. Upon issuance of the project priority list by DEM, the project priority list shall be used by DEM to determine the order in which grants shall be awarded.
  6. Awarding of grants.  DEM shall only award grant funds after verifying that the eligible measures outlined in the application have been implemented successfully by the applicant. If the final invoice price of an eligible measure is less than the initial quoted price, the grant award shall be reduced accordingly. Grants shall not be awarded to aid in compliance with existing mandates in state or federal law.
  7. Grant amounts.  For each eligible measure implemented by the applicant, DEM shall only issue grants for up to fifty percent (50%) of the total project cost. DEM shall promulgate rules and regulations pursuant to chapter 35 of title 42 that set the exact reimbursement amount for each eligible measure. The total project cost shall include both the material and labor needed to implement each eligible measure. No one applicant shall be awarded more than twenty-five percent (25%) of the grant funds appropriated during a given fiscal year, provided that the total grants requested exceed the amount appropriated. If the total amount of grants requested is less than the amount appropriated in a given fiscal year, DEM may allocate more than twenty-five percent (25%) of the fund to one applicant.
  8. Vehicle replacements.  For projects that propose to replace vehicles, the following conditions shall be met:
    1. The applicant shall replace an older vehicle with a newer vehicle certified to more stringent emissions standards than the engine or vehicle being replaced;
    2. The vehicle being replaced is a model year at least ten (10) years old;
    3. The vehicle being replaced has a gross vehicle weight rating of thirty-three thousand one pounds (33,001 lbs.) or greater;
    4. The replacement vehicle purchased by the applicant is a model year no more than three (3) years old;
    5. The replacement vehicle has a gross vehicle weight rating of thirty-three thousand one pounds (33,001 lbs.) or greater;
    6. The replacement vehicle must be operable with remaining useful life as defined in rules and regulations promulgated by DEM pursuant to chapter 35 of title 42;
    7. The engine of the vehicle being replaced must be scrapped or otherwise rendered inoperable in a manner consistent with rules and regulations promulgated by DEM pursuant to chapter 35 of title 42;
    8. The amount of funding requested must contain the sale price of the vehicle, not including any interest or other finance charges; and
    9. A vehicle purchased on a lease must be operated for the life of the project, with the life of the project being included in the application approved by DEM.
  9. Transport refrigeration unit replacement.  For projects that propose to replace or upgrade transport refrigeration units or transport refrigeration unit generator sets, the following conditions shall be met:
    1. The transport refrigeration unit or transport refrigeration unit generator set being replaced or upgraded is powered by a diesel engine;
    2. The transport refrigeration unit or transport refrigeration unit generator set being replaced or upgraded is being used on a vehicle with a gross vehicle weight rating of thirty-three thousand one pounds (33,001 lbs.) or greater;
    3. The replacement or upgraded transport refrigeration unit or transport refrigeration unit generator set produces fewer emissions than the equipment being replaced or upgraded; and
    4. The replacement or upgraded transport refrigeration unit or transport refrigeration unit generator set meets emission criteria established by DEM in rules and regulations promulgated by DEM pursuant to chapter 35 of title 42.
  10. Reporting.  Projects receiving grant funding from DEM shall be subject to any reporting and data collection requirement specified in DEM rules and regulations promulgated by DEM pursuant to chapter 35 of title 42.
  11. Penalties.  Applicants awarded funds under this program may be penalized for breaching the terms of their grant award or for other project non-performance through the:
    1. Cancellation of the grant award;
    2. Recovery of all, or a portion of, the grant award;
    3. Other fiscal penalties on an applicant based on the severity of non-performance and as specified in rules and regulations promulgated by DEM pursuant to chapter 35 of title 42; or
    4. Prohibiting an applicant or a specific vehicle from participating in the program in the future.
  12. Appropriation.  The general assembly shall annually appropriate such funds as it deems appropriate for this program.
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>>>>>>> origin/main History of Section. P.L. 2016, ch. 132, § 1; P.L. 2016, ch. 139, § 1; P.L. 2016, ch. 142, art. 16, § 1.

Compiler’s Notes.

P.L. 2016, ch. 132, § 1, P.L. 2016, ch. 139, § 1, and P.L. 2016, ch. 142, art. 16, § 1 enacted identical versions of this section.

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>>>>>>> origin/main 31-47.3-6. Enforcement.

  1. Enforcement.  The state shall include enforcement provisions in each contract subject to the provisions of § 31-47.3-4 and 31-47.3-5 , which shall include, authorization for the state to conduct random inspections of contractor’s equipment and records to ensure compliance provided that for the purpose of inspecting heavy duty vehicles and their records to determine compliance with these regulations, an agent or employee of DEM, upon presentation of proper credentials, shall have the right to enter any project location (with necessary safety clearances) where the designated vehicles are located or kept.
  2. After January 1, 2013 any person who fails to submit any information, report, or statement required by this regulation, or who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained or used for the purposes of compliance with this regulation may be subject to administrative penalties. Administrative penalties shall be assessed by the department of environmental management in accordance with section 42-17.6. In assessing penalties, DEM will consider factors, including, but not limited to, the willfulness of the violation, the length of time of noncompliance, whether the fleet made an attempt to comply, and the magnitude of noncompliance.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 171, § 1; P.L. 2010, ch. 184, § 1.

Compiler’s Notes.

P.L. 2010, ch. 171, § 1, and P.L. 2010, ch. 184, § 1, enacted identical versions of this section.

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>>>>>>> origin/main 31-47.3-7. Severability.

If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 171, § 1; P.L. 2010, ch. 184, § 1.

Compiler’s Notes.

P.L. 2010, ch. 171, § 1, and P.L. 2010, ch. 184, § 1, enacted identical versions of this section.

Chapter 47.4 Uninsured Motorist Identification Database Procedure

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>>>>>>> origin/main 31-47.4-1. Definitions.

As used in this chapter:

  1. “Account” means the uninsured motorist identification restricted account created in § 31-47.4-2 .
  2. “Database” means the uninsured motorist identification database created in § 31-47.4-2 .
  3. “Designated agent” means the third party the division of motor vehicles contracts with under § 31-47.4-2 .
  4. “Division” means the division of motor vehicles.
  5. “Program” means the uninsured motorist identification database program created in § 31-47.4-2 .
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

Compiler’s Notes.

P.L. 2013, ch. 316, § 1, and P.L. 2013, ch. 372, § 1 enacted identical versions of this chapter.

Effective Dates.

P.L. 2013, ch. 316, § 2, provides that the enactment of this chapter by that act takes effect on July 1, 2014.

P.L. 2013, ch. 372, § 2, provides that the enactment of this chapter by that act takes effect on July 1, 2014.

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>>>>>>> origin/main 31-47.4-2. Program creation — Administration — Selection of designated agent — Duties — Rulemaking — Audits.

  1. There is hereby created the uninsured motorist identification database program to:
    1. Establish an uninsured motorist identification database to verify compliance with motor vehicle owner’s or operator’s security requirements under chapter 47 of title 31 and other provisions under this chapter; and
    2. Assist in reducing the number of uninsured motor vehicles on the highways of the state.
  2. The program shall be administered by the division of motor vehicles with the assistance of the designated agent.
  3. The program will be funded by a percentage of the reinstatement fees collected pursuant to this chapter. The percentage of the reinstatement fee that will be provided to the designated agent will be determined by the division of motor vehicles. These fees will be maintained in the uninsured motorist identification restricted account.
    1. The division of motor vehicles shall contract with a third party to establish and maintain an uninsured motorist identification database for the purposes established under this chapter.
    2. The contract may not obligate the department to pay the third party more money than is available in the account.
    1. The third party under contract under this section is the department’s designated agent, and shall develop and maintain a computer database from the information provided by:
      1. Automobile liability insurers under § 31-47.4-3 ; and
      2. The division of motor vehicles.
    2. The database shall be developed and maintained by the designated agent in accordance with guidelines established by the division of motor vehicles so that state and local law enforcement agencies can efficiently access the records of the database, including reports useful for the implementation of the provisions of this chapter. (i) The reports provided by the designated agent shall be in a form and contain information approved by the division of motor vehicles. (ii) The reports may be made available through the internet or through other electronic medium, if the division of motor vehicles determines that sufficient security is provided to ensure compliance regarding limitations on disclosure of information in the database.
  6. With information provided by the division of motor vehicles, the designated agent shall, on a weekly basis, for submissions under § 31-47.4-3 :
    1. Update the database with the motor vehicle insurance information provided by the insurers in accordance with § 31-47.4-3 ; and
    2. Compare all current motor vehicle registrations against the database.
  7. The division shall provide the designated agent with the name, date of birth, address, and driver license number, if available, of all persons having active registrations. The division shall also provide the make, year, and vehicle identification number for all active registrations.
  8. In accordance with chapter 35 of title 42, “the administrative procedures act,” the division of motor vehicles shall make rules and develop procedures to use the database for the purpose of administering and enforcing this chapter.
    1. The designated agent shall archive computer data files at least semi-annually for auditing purposes.
    2. The internal audit unit of the department of administration shall audit the program at least every three (3) years.
    3. The audit under subsection (h)(2) shall include verification of:
      1. Billings made by the designated agent; and
      2. The accuracy of the designated agent’s matching of vehicle registration with insurance data.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1; P.L. 2018, ch. 160, § 1; P.L. 2018, ch. 245, § 1.

Compiler’s Notes.

P.L. 2018, ch. 160, § 1, and P.L. 2018, ch. 245, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 160, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 245, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-47.4-3. Motor vehicle insurance reporting — Penalty.

  1. Each insurer that issues a policy that includes motor vehicle liability coverage, uninsured motorist coverage, underinsured motorist coverage, or personal injury coverage under this section shall provide weekly to the division of motor vehicles designated agent selected in accordance with the uninsured motorist identification database program, a record of each motor vehicle insurance policy in effect for vehicles registered or garaged in Rhode Island as of the date of the previous submission that was issued by the insurer.
  2. This subsection does not preclude more frequent reporting by an insurer on a voluntary basis.
    1. A record provided by an insurer under subsection (a) shall include:
      1. The make, year, and vehicle identification number of each insured vehicle; and
      2. The policy number, effective date, and expiration date of each policy.
      3. The name, date of birth, and if available, driver’s license number of each insured owner or operator, and the address of the named insured; and
  4. Each insurer shall provide this information by an electronic means or by another form the division of motor vehicles designated agent agrees to accept.
    1. The division of motor vehicles may, following procedures adopted pursuant to chapter 35 of title 42, “the administrative procedures act,” assess a fine against an insurer of up to two hundred fifty dollars ($250) for each day the insurer fails to comply with this section.
    2. The division of motor vehicles shall excuse the fine if an insurer shows that the failure to comply with this section was:
      1. Inadvertent;
      2. Accidental; or
      3. The result of excusable neglect.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1; P.L. 2018, ch. 160, § 1; P.L. 2018, ch. 245, § 1.

Compiler’s Notes.

P.L. 2018, ch. 160, § 1, and P.L. 2018, ch. 245, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 160, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 245, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-47.4-4. Notice — Proof — Revocation of registration — False statement — Penalties.

  1. If the comparison under § 31-47.4-2 shows that a motor vehicle is not insured for four (4) consecutive reporting periods as set forth in § 31-47.4-3(a) , the division of motor vehicles shall direct that the designated agent provide notice to the owner of the motor vehicle that the owner has fifteen (15) days to provide to the designated agent:
    1. Proof of owner’s or operator’s security; or
    2. Proof of exemption from the owner’s or operator’s security requirements.
  2. If an owner of a motor vehicle fails to provide satisfactory proof of owner’s or operator’s security to the designated agent, the designated agent shall:
    1. Provide a second (2nd) notice to the owner of the motor vehicle that the owner now has fifteen (15) days to provide:
      1. Proof of owner’s or operator’s security; or
      2. Proof of exemption from the owner’s or operator’s security requirements;
  3. For each notice provided, the designated agent shall:
    1. Indicate information relating to the owner’s failure to provide proof of owner’s or operator’s security in the database; and
    2. Provide this information to the division of motor vehicles;
  4. If the designated agent notifies the department of motor vehicles that an owner of a motor vehicle failed to provide satisfactory proof of owner’s or operator’s security to the designated agent, the division of motor vehicles:
    1. Shall revoke the registration; and
    2. Shall provide appropriate notices of the revocation, the legal consequences of operating a vehicle with revoked registration and without owner’s or operator’s security and instructions on how to get the registration reinstated.
  5. A registration that has been revoked under this section shall not be reinstated and a new license or registration shall not be issued to the holder of the revoked registration until the person:
    1. Pays to the division of motor vehicles an administrative reinstatement fee of two hundred fifty dollars ($250), the fee imposed by the section is in addition to any other fines or penalties imposed by law;
    2. Complies with the other requirements of this act. The fee imposed by this section is in addition to any other fees or penalties imposed by law.
  6. The department of motor vehicles may direct the designated agent to provide the notices under subsection (d)(2).
  7. Any action by the division of motor vehicles to revoke the registration of a motor vehicle under this section may be in addition to an action by a law enforcement agency to impose the penalties.
    1. A person may not provide a false or fraudulent statement to the division of motor vehicles or designated agent.
    2. In addition to any other penalties, a person who violates subsection (h)(1) is guilty of a misdemeanor.
  9. This section does not affect other actions or penalties that may be taken or imposed for violation of the owner’s and operator’s security requirements of this title.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1; P.L. 2018, ch. 160, § 1; P.L. 2018, ch. 245, § 1.

Compiler’s Notes.

P.L. 2018, ch. 160, § 1, and P.L. 2018, ch. 245, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 160, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

P.L. 2018, ch. 245, § 3, provides that the amendment to this section by that act takes effect on January 1, 2019.

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>>>>>>> origin/main 31-47.4-5. Disclosure of insurance information — Penalty.

  1. Information in the database established under § 31-47.4-2 provided by a person to the designated agent is considered to be the property of the person providing the information.
  2. The information may not be disclosed from the database, except as follows:
    1. For the purpose of investigating, litigating, or enforcing the owner’s or operator’s security requirement, the designated agent shall verify insurance information through the state computer network for a state or local government agency or court;
    2. For the purpose of investigating, litigating, or enforcing the owner’s or operator’s security requirement, the designated agent shall, upon request, issue to any state or local government agency or court a certificate documenting the insurance information, according to the database, of a specific individual or motor vehicle for the time period designated by the government agency;
    3. Upon request, the division of motor vehicles or its designated agent shall disclose whether or not a person is an insured individual and the insurance company name to:
      1. That individual or, if that individual is deceased, any interested person of that individual;
      2. The parent or legal guardian of that individual if the individual is an unemancipated minor;
      3. The legal guardian of that individual if the individual is legally incapacitated;
      4. A person who has power of attorney from the insured individual;
      5. A person who submits a notarized release from the insured individual dated no more than ninety (90) days before the date the request is made; or
      6. A person suffering loss or injury in a motor vehicle accident in which the insured individual is involved, but only as part of an accident report;
    4. For the purpose of investigating, enforcing, or prosecuting laws or issuing citations by state or local law enforcement agencies related to the:

      (i) Registration and renewal of registration of a motor vehicle;

      (ii) Purchase of a motor vehicle; and

      (iii) Owner’s or operator’s security requirements.

    5. Upon request of a peace officer acting in an official capacity under the provisions of this chapter, the division of motor vehicles or the designated agent shall, upon request, disclose relevant information for investigation, enforcement, or prosecution;
    6. For the purpose of the state auditor, the legislative auditor general, or other auditor of the state conducting audits of the program;
    7. Upon the request of a state or local law enforcement agency for the purpose of investigating and prosecuting identity theft and other crimes.
    1. The division of motor vehicles may allow the designated agent to prepare and deliver upon request, a report on the insurance information of a person or motor vehicle in accordance with this section.
    2. The report may be in the form of:
      1. A certified copy that is considered admissible in any court proceeding in the same manner as the original; or
      2. Information accessible through the Internet or through other electronic medium if the department determines that sufficient security is provided to ensure compliance with this section.
    3. The department may allow the designated agent to charge a fee established by the division of motor vehicles for each:

      (i) Document authenticated, including each certified copy; and

      (ii) Record accessed by the Internet or by other electronic medium.

  4. A person who knowingly releases or discloses information from the database for a purpose other than those authorized in this section or to a person who is not entitled to it is guilty of a felony.
  5. An insurer is not liable to any person for complying with § 31-47.4-3 by providing information to the designated agent.
  6. Neither the state nor the division of motor vehicles’ designated agent is liable to any person for gathering, managing, or using the information in the database as provided in § 31-47.4-2 and this chapter.
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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

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>>>>>>> origin/main 31-47.4-6. Compliance.

Every property and casualty insurance company that is licensed to issue motor vehicle insurance policies or is authorized to do business in Rhode Island shall comply with this chapter for verification of evidence of vehicle insurance for every vehicle insured by that company in Rhode Island as required by the rules and regulations of the department.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

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>>>>>>> origin/main 31-47.4-7. Civil and administrative immunity.

Insurers and the designated agent shall be immune from civil and administrative liability for good faith efforts to comply with the terms of this chapter.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

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>>>>>>> origin/main 31-47.4-8. Commercial exemption.

For the purposes of this chapter, commercial auto coverage is defined as any coverage provided to an insured, regardless of number of vehicles or entities covered, under a commercial coverage form and rated from a commercial manual approved by the commissioner of insurance. This chapter shall not apply to vehicles insured under commercial auto coverage; however, insurers of such vehicles may participate on a voluntary basis.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

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>>>>>>> origin/main 31-47.4-9. Rental vehicle exemption.

This chapter shall not apply to vehicles registered and used as rental vehicles pursuant to § 31-5-33 .

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

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>>>>>>> origin/main 31-47.4-10. Use of information.

Information provided to the designated agent by the division or any insurance company shall not be further disclosed or disseminated by the designated agent without the express written consent of the division and the insurance company. The designated agent shall enter contractual relationships with insurers to further protect the confidentiality and security of information under this section.

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>>>>>>> origin/main History of Section. P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.

Chapter 48 Motor Vehicle Chop Shop, Stolen and Altered Property

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>>>>>>> origin/main 31-48-1. Short title.

This chapter shall be known as the “Motor Vehicle Chop Shop Stolen and Altered Property Act”.

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>>>>>>> origin/main History of Section. P.L. 1991, ch. 288, § 1.

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>>>>>>> origin/main 31-48-2. Definitions.

For the purposes of this chapter the following terms mean:

  1. “Chop shop” means any building, lot, or other premise where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order to either:
    1. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part; or
    2. Sell or dispose of the motor vehicle or motor vehicle part.
  2. “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self propelled or which may be connected to and towed by a self propelled device, and also includes any and all other land based devices which are self propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment.
  3. “Person” includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 288, § 1.

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>>>>>>> origin/main 31-48-3. Offenses committed.

  1. Any person who knowingly and with intent: (1) owns, operates, or conducts a chop shop; (2) transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or (3) sells, transfers, purchases, or receives any motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop, shall, upon conviction, be guilty of a felony.
  2. Any person who is convicted of an offense under this section may be imprisoned for up to five (5) years for each offense, and shall be fined up to fifty thousand dollars ($50,000) but not less than two thousand dollars ($2,000) for each offense.
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>>>>>>> origin/main History of Section. P.L. 1991, ch. 288, § 1.

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>>>>>>> origin/main 31-48-4. Seizure.

  1. Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of § 31-48-3 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
  2. Seizure of property described in subsection (a) of this section may be made by a member of a state or local law enforcement agency without process:
    1. If in accordance with any applicable law or regulation;
    2. If the seizure is incident to inspection under an administrative inspection warrant;
    3. If the seizure is incident to search made under a search warrant;
    4. If the seizure is incident to a lawful arrest;
    5. If the seizure is made pursuant to a valid consent to search;
    6. If the property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding, or in an injunction or forfeiture proceeding under § 31-48-6 ; or
    7. If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.
  3. When property is seized under this section, the seizing agency may:
    1. Lock and secure the property at its location; or
    2. Remove the property to a place selected and designated by the seizing agency.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 273, § 1.

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>>>>>>> origin/main 31-48-5. Forfeiture.

  1. The following are subject to forfeiture unless obtained by theft, fraud or conspiracy to defraud and the rightful owner is known or can be identified and located:
    1. Any tool,
    2. Any implement, or
    3. Any instrumentality, including, but not limited to, any motor vehicle or motor vehicle part, whether owned or not owned by the person from whose possession or control it was seized, which is used or possessed either in violation of § 31-48-3 or to promote or facilitate a violation of § 31-48-3 .
  2. Any motor vehicle, other conveyance, or motor vehicle part used by any person as a common carrier is subject to forfeiture under this section where the owner or other person in charge of the motor vehicle, other conveyance, or motor vehicle part is a consenting party to a violation of § 31-48-3 .
    1. Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or instrumentality is not subject to forfeiture under this section by reason of any act or omission which the owner proves to have been committed or omitted without the owner’s knowledge or consent.
    2. Seizing agencies will utilize their best efforts to identify any seized motor vehicle or motor vehicle part to determine ownership or the identity of any person having a right or interest in a seized motor vehicle or motor vehicle part. In its reasonable identification and owner location attempts, the seizing agency will cause the stolen motor vehicle files of the local or state police to be searched for stolen or wanted information on motor vehicles similar to the seized motor vehicle or consistent with the seized motor vehicle part.
  4. Where a motor vehicle or motor vehicle part has an apparent value in excess of one thousand dollars ($1,000):
    1. The seizing agency shall consult with an expert, either law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination technique.
    2. The seizing agency shall also request searches of the on-line and off-line files of the National Crime Information Center (NCIC) and the National Automobile Theft Bureau (NATB) when the local or state police files have been searched with negative results.
  5. A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by a bona fide security interest is subject to the interest of the secured party where the secured party neither had knowledge of nor consented to the act or omission forming the ground for the forfeiture.
  6. Property, described in subsection (a) of this section, seized and held for forfeiture, shall not be subject to replevin and is subject only to the order and judgments of a court of competent jurisdiction hearing the forfeiture proceedings.
    1. The attorney general shall bring an action for forfeiture in a court of competent jurisdiction. The forfeiture action shall be brought within sixty (60) days from the date of seizure except where the attorney general, by sound exercise of discretion determines that no forfeiture action should be brought because of the rights of property owners, lienholders, or secured creditors, or because of exculpatory, exonerating, or mitigating facts and circumstances.
    2. The attorney general shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the division of motor vehicles, or any other department or agency of the state, or any other state or territory of the United States, or of the federal government if that property is required to be registered in any department.
    3. Notice of the proceeding shall be given to any other person as may appear, from the facts and circumstances, to have any right, title, or interest in or to the property.
    4. The owner of the property, or any person having, or claiming, right, title, or interest in the property may within sixty (60) days after the mailing of the notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture.
    5. The attorney general shall show at a forfeiture hearing, by a preponderance of the evidence, that the property was used in the commission of a violation of § 31-48-3 , or was used or possessed to facilitate the violation.
    6. The owner of property may show by a preponderance of the evidence that the owner did not know, and did not have reason to know, that the property was to be used or possessed in the commission of any violation or that any of the exceptions to forfeiture are applicable.
    7. Unless the attorney general shall make the showing required of it, the court shall order the property released to the owner. Where the attorney general has made that showing, the court may order:
      1. The property be destroyed by the agency which seized it or some other agency designated by the court,
      2. The property be delivered and retained for use by the agency which seized it or some other agency designated by the court, or
      3. The property be sold at public sale.
  8. A copy of a forfeiture order shall be filed with each federal or state department with which the property is required to be registered. The order, when filed, constitutes authority for the issuance to the agency to whom the property is delivered and retained for use or to any purchaser of the property of a title certificate, registration certificate, or other special certificate as may be required by law considering the condition of the property.
  9. Proceeds from sale at public auction, after payment of all reasonable charges and expenses incurred by the agency designated by the court to conduct the sale in storing and selling the property, shall be paid to the general fund of the state of Rhode Island.
  10. No motor vehicle, either seized under § 31-48-4 or forfeited under this section, shall be released by the seizing agency or used or sold by an agency designated by the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number is corrected by the issuance and affixing of either an assigned or replacement vehicle identification number plate as may be appropriate under laws or regulations of this state.
  11. No motor vehicle part having any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number may be disposed of upon forfeiture except by its destruction. This provision shall not apply to any motor vehicle part which is assembled with and constitutes part of a motor vehicle.
  12. No motor vehicle or motor vehicle part shall be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the division of motor vehicles, which report shall include a description of the motor vehicle or motor vehicle part, its color, if any, the date, time, and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where the same is held or stored.
  13. When a seized unidentifiable motor vehicle or motor vehicle part has been held for sixty (60) days or more after the notice to the division of motor vehicles specified in subsection (k) of this section have been given, the seizing agency or its agent shall cause the motor vehicle or motor vehicle part to be sold at public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least thirty (30) days prior to the sale of the premises where the motor vehicle or motor vehicle part has been stored.
  14. When a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of one thousand dollars ($1,000) or less, the seizing agency shall authorize the disposal of the motor vehicle or motor vehicle part, provided that no disposition shall be made less than sixty (60) days after the date of seizure.
  15. The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part shall be deposited in the general fund of the state after deduction of any reasonable and necessary towing and storage charges.
  16. Seizing agencies will utilize their best efforts to arrange for the towing and storing of motor vehicles and motor vehicles parts in the most economical manner possible. In no event shall the owner of a motor vehicle or a motor vehicle part be required to pay more than the minimum reasonable costs of towing and storage.
  17. A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable shall be held subject to the order of the court in which the criminal action is pending or, if a request for its release from custody is made until the attorney general has notified the defendant or the defendant’s attorney of the request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the property to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings. Upon expiration of a reasonable time for the completion of the examination which shall not exceed fourteen (14) days from the date of service upon the defense of the notice of request for return of property as provided in this chapter, the property shall be released to the person making the request after satisfactory proof of the person’s entitlement to the possession of it. However, upon application by either party with notice to the other, the court may order retention of the property if it determines that retention is necessary in the furtherance of justice.
  18. When a seized vehicle is forfeited, restored to its owner, or disposed of as unidentifiable, the seizing agency shall retain a report of the transaction for a period of at least one year from the date of the transaction.
  19. When an applicant for a certificate of title or salvage certificate presents to the division of motor vehicles proof that the applicant purchased or acquired a motor vehicle at a public sale conducted pursuant to this section and that fact is attested to by the seizing agency, the division of motor vehicles shall issue a certificate of title, salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle proper to the time that the motor vehicle was released by the seizing agency to the purchaser.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 273, § 1.

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>>>>>>> origin/main 31-48-6. Civil proceedings.

  1. The attorney general or any aggrieved person may institute civil proceedings against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this chapter. If the plaintiff in a proceeding proves the alleged violation, or its threat, by a preponderance of the evidence, any court of competent jurisdiction after due provision for the rights of innocent persons, shall grant relief by entering any appropriate order or judgment, including, but not limited to:
    1. Ordering any defendant to be divested of any interest in any property;
    2. Imposing reasonable restrictions upon the future activities or investments of any defendant, including prohibiting any defendant from engaging in the same type of endeavor as the defendant was previously engaged in;
    3. Ordering the suspension or revocation of a license, permit, or prior approval granted by any public agency or any other public authority; or
    4. Ordering the surrender of the charter of a corporation organized under the laws of the state of the revocation of a certificate authorizing a foreign corporation to conduct business within the state upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct made unlawful by this act and that, for the prevention of future criminal conduct, the public interest requires the charter of the corporation be surrendered and the corporation dissolved or the certificate revoked.
  2. In a proceeding under this section, injunctive relief shall be granted in conformity with the principles that govern the granting of relief from injury or threatened injury in other cases, but no showing of special or irreparable injury shall have to be made. Pending final determination of a proceeding under this section, a temporary restraining order or a preliminary injunction may be issued upon a showing of immediate danger of significant injury, including the possibility that any judgment for money damages might be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the execution of proper bond against injury for an injunction improvidently granted.
  3. Any person injured, directly or indirectly, by conduct constituting a violation by any person of § 31-48-3 shall, in addition to any other relief, have a cause of action for threefold the actual damages sustained by the person.
  4. A final judgment or decree rendered against the defendant in any civil or criminal proceeding shall estop the defendant in any subsequent civil action or proceeding brought by any person as to all matters as to which the judgment or decree would be an estoppel as between the parties to the civil or criminal proceeding.
  5. Notwithstanding any other provision of law providing a shorter period of limitations, a civil action under this section may be commenced at any time within five (5) years after the conduct made unlawful under § 31-48-3 terminates or the cause of action accrues or within any longer statutory period that may be applicable. If any action is brought by a prosecutor to punish, prevent or restrain any activity made unlawful under § 31-48-3 , the running of the period of limitations shall be suspended during the pendency of the action and for two (2) years following its termination.
  6. Personal service of any process in an action under this section may be made upon any person outside the state if the person has engaged in any conduct constituting a violation of § 31-48-3 in this state. The person shall be deemed to have submitted to the jurisdiction of the courts of this state for the purposes of this provision.
  7. Obtaining any civil remedy under this section shall not preclude obtaining any other civil or criminal remedy under this act or any other provision of law. Civil remedies under this section are supplemental and not exclusive.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 273, § 1.

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>>>>>>> origin/main 31-48-7. Severability.

If any provision of this chapter or the application of it to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 273, § 1.

Chapter 49 Ignition Interlock Systems

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>>>>>>> origin/main 31-49-1. Definitions.

For the purposes of this chapter, “ignition interlock system” means a device that:

  1. Connects a motor vehicle ignition system to a breath analyzer that measures a driver’s blood alcohol level; and
  2. Prevents a motor vehicle ignition from starting if a driver’s blood alcohol level exceeds the calibrated setting on the device.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3.

Collateral References.

Validity, construction, and application of ignition interlock laws. 15 A.L.R.6th 375.

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>>>>>>> origin/main 31-49-2. Certification of ignition interlock systems.

The division of motor vehicles shall certify, or cause to be certified, ignition interlock systems for use in the state, and adopt rules and regulations for the certification and requirements for participation of the ignition interlock systems. All costs associated with the installation of the ignition interlock system shall be borne by the person required to install said system and the division shall charge an administrative fee of one hundred dollars ($100) to the person ordered to install said system.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3; P.L. 2014, ch. 230, § 3; P.L. 2014, ch. 326, § 3.

Compiler’s Notes.

P.L. 2014, ch. 230, § 3, and P.L. 2014, ch. 326, § 3 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

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>>>>>>> origin/main 31-49-3. Rules and regulations.

  1. The rules and regulations adopted pursuant to § 31-49-2 shall include requirements that ignition interlock systems:
    1. Do not impede the safe operation of the vehicle;
    2. Minimize opportunities to be bypassed;
    3. Correlate accurately with established measures of blood alcohol levels;
    4. Work accurately and reliably in an unsupervised environment;
    5. Require a proper and accurate measure of blood alcohol levels;
    6. Resist tampering and provide evidence of attempted tampering;
    7. Are difficult to circumvent, and require premeditation to circumvent;
    8. Minimize inconvenience to a sober user;
    9. Are manufactured by a party responsible for installation, user training, service, and maintenance;
    10. Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
    11. Are manufactured by a person who is adequately insured for products liability; and
    12. Provide the option for an electronic log of the driver’s experience with the system.
  2. Upon the expiration of the interlock order by the court, the division of motor vehicles shall review the person’s compliance with the ignition interlock order to ensure that the person has fulfilled the specific requirements as set forth by the sentencing judge or magistrate. Upon verification that said conditions have been satisfied, a motorist’s license shall be reinstated.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3; P.L. 2014, ch. 230, § 3; P.L. 2014, ch. 326, § 3; P.L. 2016, ch. 127, § 2; P.L. 2016, ch. 141, § 2.

Compiler’s Notes.

P.L. 2014, ch. 230, § 3, and P.L. 2014, ch. 326, § 3 enacted identical amendments to this section.

P.L. 2016, ch. 127, § 2, and P.L. 2016, ch. 141, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

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>>>>>>> origin/main 31-49-4. Warning label.

The division of motor vehicles shall design and adopt a warning label to be affixed to an ignition interlock system on installation. The warning label shall state that a person tampering with, circumventing, or otherwise misusing the ignition interlock system is guilty of a misdemeanor, and on conviction, is subject to a fine up to one thousand dollars ($1,000), or one year imprisonment, or both.

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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3; P.L. 2008, ch. 98, § 32; P.L. 2008, ch. 145, § 32; P.L. 2014, ch. 230, § 3; P.L. 2014, ch. 326, § 3.

Compiler’s Notes.

P.L. 2014, ch. 230, § 3, and P.L. 2014, ch. 326, § 3 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

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>>>>>>> origin/main 31-49-5. List of certified ignition interlock systems.

  1. The division of motor vehicles shall publish a list of certified ignition interlock systems that shall be included on the division of motor vehicles’ website.
  2. A manufacturer of an ignition interlock system that seeks to sell or lease the ignition interlock system to persons subject to the provisions of § 31-27-2.8 shall pay the costs of obtaining the required certification.
  3. Said manufacturer who shall install and monitor said systems shall be approved by the division of motor vehicles every year. Said manufacturer shall also submit quarterly reports concerning proof of installation and proper use of said ignition interlock systems to the division of motor vehicles, which will be aggregated by the division of motor vehicles.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3; P.L. 2014, ch. 230, § 3; P.L. 2014, ch. 326, § 3.

Compiler’s Notes.

P.L. 2014, ch. 230, § 3, and P.L. 2014, ch. 326, § 3 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

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>>>>>>> origin/main 31-49-6. Selling or leasing ignition interlock systems.

  1. A person may not sell or lease, or offer to sell or lease, an ignition interlock system to a person subject to the provisions of § 31-27-2.8 unless:
    1. The system has been certified by the division of motor vehicles; and
    2. A warning label approved by the division of motor vehicles is affixed to the system stating that a person who tampers, circumvents, or otherwise misuses the system is guilty of a misdemeanor, and on conviction is subject to a fine up to one thousand dollars ($1,000), or one year imprisonment, or both.
  2. A person who sells or leases ignition interlock systems in the state shall:
    1. Monitor the use of the system as required by the division of motor vehicles; and
    2. Issue a report of the results of the monitoring to the appropriate office of the division of motor vehicles and the division of parole and probation.
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>>>>>>> origin/main History of Section. P.L. 1992, ch. 405, § 3; P.L. 2014, ch. 230, § 3; P.L. 2014, ch. 326, § 3.

Compiler’s Notes.

P.L. 2014, ch. 230, § 3, and P.L. 2014, ch. 326, § 3 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 230, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

P.L. 2014, ch. 326, § 4 provides that the amendment to this section by that act takes effect on January 1, 2015.

Chapter 50 Office of Automobile Theft and Insurance Fraud

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>>>>>>> origin/main 31-50-1. Office of automobile theft and insurance fraud — Powers and duties of investigators.

  1. There is established an office of automobile theft and insurance fraud.
  2. The scope and purpose of the office of automobile theft and insurance fraud shall be to investigate and prosecute crimes involving the theft or other unauthorized use of motor vehicles and to investigate and prosecute all forms of automobile insurance-related fraud.
  3. The office of automobile theft and insurance fraud shall consist of a director, and not less than five (5) nor more than eight (8) investigators, who shall be selected and who shall be specially-trained to investigate instances of automobile theft and automobile claim insurance fraud. The director shall be a member of the Rhode Island state police with at least the rank of sergeant, and shall remain on the personnel rolls of the Rhode Island state police, with the same salary and benefits schedule, and shall retain all powers of a member of the Rhode Island state police of that rank.
  4. The office of automobile theft and insurance fraud shall be under the jurisdiction of the superintendent of the state police. He or she shall appoint the director of that office from amongst the members of state police who have attained the rank of sergeant or above. The director, with the approval of the superintendent, shall have the authority to appoint and to remove, if necessary, the investigators and staff of the office.
  5. The director and the investigators shall have the following powers:
    1. To arrest independently or in conjunction with local, state or federal law enforcement agencies.
    2. To apply for and execute search warrants;
    3. To serve civil and criminal process.
  6. No person shall be appointed as an investigator in the office unless he or she has successfully completed the basic course of instruction for police officers at the Providence Police Training Academy, the Rhode Island Municipal Police Training Academy, or the Rhode Island State Police Training Academy, and has at least three (3) years of active law enforcement experience, or has served as a member of the United States Marshal’s Service or as a special agent of the Federal Bureau of Investigation, a criminal law enforcement agency of the United States Department of Justice, the United States Department of State, the United States Department of the Treasury or the United States Postal Inspection Service and has at least three (3) years of active law enforcement experience, or has been certified as a police officer by the duly-constituted state commission on police officer standards and training of another state, and has at least three (3) years of active law enforcement experience. Prior to the appointment of any individuals, a background examination shall be conducted utilizing federal, state and local law enforcement agencies, bureau of criminal identification, national crime information center, and any and all relevant records existing within the federal and state court systems.
  7. The attorney general shall designate one assistant or special assistant attorney general to the office whose duties shall be exclusively devoted to the office of automobile theft and insurance fraud. That assistant shall be funded from the account established in § 31-50-4 .
  8. The state shall hold the director and each investigator harmless and indemnify them to the extent provided under § 9-31-12 for acts committed within the scope of their employment.
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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1; P.L. 1996, ch. 193, § 1.

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>>>>>>> origin/main 31-50-2. Board created.

There is created the automobile theft and insurance fraud investigations board, referred to in this chapter as “the board”. The board shall consist of five (5) members one of whom shall be appointed to represent the interests of consumers by the governor; one of whom shall be appointed by the attorney general; one of whom shall be appointed by the governor to represent the insurance industry; one of whom shall be appointed by the president of the Rhode Island Chiefs of Police Association; and one of whom shall be the superintendent of the state police, ex-officio, or his or her designee. The initial appointments to the positions created in this section for appointed members shall be for a term of four (4) years, three (3) years, two (2) years, and one year respectively, to be determined by the governor, and subsequently to a term of four (4) years, or until a successor is appointed.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1.

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>>>>>>> origin/main 31-50-3. Board — Duties and powers.

The board’s duties shall consist of overseeing said office and reviewing its effectiveness, assuring that the funds derived pursuant to § 31-50-4 are devoted to the statutory purposes established in this chapter, and preparing reports and recommendations.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1.

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>>>>>>> origin/main 31-50-4. Funding of office.

The director of business regulation shall fund the office of automobile theft and insurance fraud annually through those insurers authorized to write automobile insurance in the state, in proportion to their market share, in an amount equal to one dollar ($1.00) per year times the total number of registrations of vehicles having a gross weight of ten thousand pounds (10,000 lbs.) or less. Insurers may collect the amount as a policy surcharge, separately identifiable on either the policy declaration page or billing. The director is authorized by rules and regulations to raise these funds and direct the method by which payment of these charges is to be implemented. All funds collected pursuant to this section shall be deposited as general revenues.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1; P.L. 1995, ch. 370, art. 40, § 108; P.L. 1998, ch. 283, § 2.

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>>>>>>> origin/main 31-50-5. Annual report.

On or before the thirty-first day of January the designated assistant or special assistant attorney general and the director shall prepare and submit to the governor and to the board a comprehensive report of all of the activities of the office including, but not limited, to vehicle recovery statistics, arrests, prosecutions, convictions, and restitution.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1.

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>>>>>>> origin/main 31-50-6. Severability.

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

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>>>>>>> origin/main History of Section. P.L. 1993, ch. 380, § 1.

Chapter 51 School Bus Safety Enforcement

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>>>>>>> origin/main 31-51-1. Short title.

This chapter shall be known and may be cited as the “School Bus Safety Enforcement Act.”

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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1.

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>>>>>>> origin/main 31-51-2. Live digital video school bus violation detection monitoring systems.

  1. All school departments of this state are hereby authorized to install and operate live digital video school bus violation detection monitoring systems. Such systems shall at a minimum, be systems which monitor and detect school bus traffic violations. For purposes of this chapter a live digital video school bus violation detection monitoring system means a system with one or more camera sensors and computers which produce live digital and recorded video of motor vehicles being operated in violation of school bus traffic laws. All systems installed for used under this chapter must, at a minimum, produce a live visual image viewable remotely, a recorded image of the license plate, and be able to record the time, date, and location of the vehicle, and a signed affidavit by a person who witnessed the violation via live video.
  2. The school departments may enter into an agreement with a private corporation or other entity to provide live digital video school bus violation detection monitoring systems and to maintain and operate such systems.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1; P.L. 2011, ch. 105, § 1; P.L. 2011, ch. 107, § 1.

Compiler’s Notes.

P.L. 2011, ch. 105, § 1, and P.L. 2011, ch. 107, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-51-2.1. Installation and signage.

  1. All vehicles installed with a live digital video school bus violation detection monitoring system shall post a warning sign indicating the use of such system.
  2. Warning signage shall remain on each vehicle as long as a live digital video school bus violation detection monitoring system is in operation.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1.

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>>>>>>> origin/main 31-51-2.2. Stopping for school bus required — Penalty for violation.

  1. Any vehicle being operated upon a street, highway, private way or private or public parking area upon meeting or overtaking from any direction any school bus on which there is in operation flashing red lights, shall stop before reaching the bus. The vehicle shall not proceed until the bus resumes motion or until the flashing lights are no longer actuated. An owner and/or operator of a motor vehicle operated in violation of this section based on evidence obtained from a live digital video school bus violation detection monitoring system shall, upon conviction of a violation of this section, be punished by a civil fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) and/or suspension of his or her driving license for a period not to exceed thirty (30) days.
  2. A law enforcement officer authorized to issue a traffic violation summons pursuant to this title may issue a summons of a violation of this chapter based on evidence from a live digital video school bus violation detection monitoring system; provided, that the statement of testimony, or evidence provides the law enforcement officer with sufficient probable cause that a violation under this section was committed. The summons shall be in the form referred to in § 31-51-3 .
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 105, § 2; P.L. 2011, ch. 107, § 2.

Compiler’s Notes.

P.L. 2011, ch. 105, § 2, and P.L. 2011, ch. 107, § 2 enacted identical versions of this section.

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>>>>>>> origin/main 31-51-3. Procedure — Notice.

  1. Except as expressly provided in this chapter, all prosecutions based on evidence produced by a live digital video school bus violation detection monitoring system shall follow the procedures established in chapter 41.1 of this title, chapter 18 of title 8 and the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations in the traffic tribunal. Provided, that in an action brought pursuant to the provisions of this chapter, references in chapter 41.1 of this title to an “operator” shall apply to the registered owner of the vehicle. A summons may be issued by an officer solely based on evidence obtained by use of a live digital video school bus violation detection monitoring system. All summonses issued based on evidence obtained from a live digital video school bus violation detection monitoring system shall be issued within ten (10) days of the violation. Notwithstanding any provisions of the general laws to the contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be with the traffic tribunal.
  2. It shall be sufficient to commence a prosecution based on evidence obtained from a live digital video school bus violation detection monitoring system. A copy of the summons and supporting documentation shall be mailed to the address of the registered owner kept on file by the registry of motor vehicles. For purposes of this section, the date of issuance shall be the date of mailing.
  3. The officer issuing the citation shall certify under penalties of perjury that the evidence obtained from the live digital video school bus violation detection monitoring system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the citation is not answered within the time period permitted.
  4. The summons shall contain all the information provided for on the uniform summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal as well as the date, time, and location of the violation. In addition, the following information shall be attached to or accompany the summons:
    1. Copies of two (2) or more photographs, or microphotographs, videos, or other recorded images taken as proof of the violation;
    2. A signed statement certified under the penalties of perjury by a trained law enforcement officer that, based on inspection of recorded images and video, the motor vehicle was being operated in violation of this chapter;
    3. A signed statement that recorded images are evidence of a violation of this chapter;
    4. A statement that the person who receives the summons under this chapter may either pay the civil fine in accordance with the provisions of § 31-51-2.2 , proceed under § 31-51-5(c)(3) of this section, or elect to stand trial for the alleged violation;
    5. A signed affidavit by a person who witnessed the motor vehicle being operated in violation of this chapter; and
    6. A signed statement certified under the penalties of perjury by a trained law enforcement officer that the summons and attachments required under this subsection were mailed to the address of the registered owner kept on file by the registry of motor vehicles.
  5. Any summons issued pursuant to this chapter shall be issued by a law enforcement officer authorized to issue a traffic violation summons pursuant to this title.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1; P.L. 2010, ch. 239, § 33; P.L. 2011, ch. 105, § 1; P.L. 2011, ch. 107, § 1.

Compiler’s Notes.

P.L. 2011, ch. 105, § 1, and P.L. 2011, ch. 107, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-51-4. Hearings.

Evidence from a live digital video school bus violation detection monitoring system shall be considered substantive evidence in the prosecution of all civil traffic violations. Evidence from a live digital video school bus violation detection monitoring system approved by the school department shall be admitted without further authentication and such evidence may be deemed sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein, any and all defenses cognizable at law shall be available to the individual who receives the citation commencing a prosecution under this chapter.

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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1.

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>>>>>>> origin/main 31-51-5. Driver/registered owner liability.

  1. The registered owner of a motor vehicle shall not operate or allow the motor vehicle to be operated in violation of this chapter. There shall be a rebuttable presumption that the registered owner of the vehicle that is photographed pursuant to this chapter was operating the vehicle.
  2. In all prosecutions of civil traffic violations based on evidence obtained from a live digital video school bus violation detection monitoring system as provided under this chapter, the registered owner of the vehicle shall be primarily responsible in all prosecutions of violations pursuant to the provisions of this chapter, except as otherwise provided under this chapter.
  3. In the event that the registered owner of the vehicle operated in violation of this chapter was not the operator of the vehicle at the time of the violation, the registered owner shall either:
    1. Accept responsibility for the violation by paying the fine; or
    2. Upon receipt of the notice of the violation, provide the issuing authority, within twenty (20) days of the date of issuance, the name and address of the individual operating the vehicle at the time which the violation occurred.
  4. It shall be prima facie evidence, establishing a rebuttable presumption, that the owner of the registered motor vehicle was the operator of the vehicle at the time of the violation if the registered owner of the motor vehicle fails to pay the fine and fails to proceed under subdivision (c)(2) of this section. Evidence offered pursuant to this chapter shall be sufficient to establish a violation of § 31-51-2.2 by clear and convincing evidence.
  5. The owner of a rented or leased motor vehicle may establish non-liability for violations issued pursuant to this chapter by providing to the issuing authority a copy of the written rental or a lease agreement which shall be prima facie evidence, establishing a rebuttable presumption, that the lessee was the operator of the vehicle. In the event that the lessee was not the operator of the motor vehicle at the time of the violation, the lessee shall either:
    1. Accept responsibility for the violation by paying the fine; or
    2. Upon receipt of the notice of the violation, provide the issuing authority within twenty (20) days of the date of issuance, the name and address of the individual operating the vehicle at the time which the violation occurred.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1; P.L. 2011, ch. 105, § 1; P.L. 2011, ch. 107, § 1.

Compiler’s Notes.

P.L. 2011, ch. 105, § 1, and P.L. 2011, ch. 107, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-51-5.1. Revenue.

The revenue generated from each fine imposed pursuant to this chapter shall be allocated as follows:

  1. Seventy-five percent (75%) to the vendor;
  2. Twelve and one-half percent (12.5%) to the state general fund; and
  3. Twelve and one-half percent (12.5%) to the municipality where the violation takes place.
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>>>>>>> origin/main History of Section. P.L. 2011, ch. 105, § 2; P.L. 2011, ch. 107, § 2.

Compiler’s Notes.

P.L. 2011, ch. 105, § 2, and P.L. 2011, ch. 107, § 2 enacted identical versions of this section.

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>>>>>>> origin/main 31-51-6. Use of evidence in criminal and civil cases.

Nothing in this chapter shall prohibit the use of evidence produced by a live digital video school bus violation detection monitoring system in a criminal or private civil proceeding provided that the admissibility of such evidence shall not follow the applicable laws and rules of procedure and rules of evidence which apply in criminal and civil cases.

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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1.

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>>>>>>> origin/main 31-51-7. Nature of violations.

Notwithstanding any other provision of law:

  1. No violation for which a civil fine is imposed under this chapter shall be considered a moving violation, nor shall be included on the driving record of the person on whom the liability is imposed, nor shall it be used for insurance rating purposes in providing motor vehicle insurance coverage.
  2. Impositions of a penalty pursuant to this chapter shall not be deemed a criminal conviction of an owner or operator;
  3. The “good driving record” provision of § 31-41.1-7 shall not be used to dismiss an action brought pursuant to this chapter.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1; P.L. 2011, ch. 105, § 1; P.L. 2011, ch. 107, § 1.

Compiler’s Notes.

P.L. 2011, ch. 105, § 1, and P.L. 2011, ch. 107, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-51-8. Security of records.

  1. The recorded images and live video produced by a live digital video school bus violation detection monitoring system shall not be deemed “public records” subject to disclosure pursuant to subdivision 38-2-2(4)(i).
  2. All recorded images and live video that do not identify a violation shall be destroyed within twenty-four (24) hours of the date the live video was recorded, unless ordered by a court of competent jurisdiction.
  3. All recorded images and live video that identify a violation shall be destroyed within one year after the citation is resolved by administrative payment, trial or other final disposition of the citation, unless ordered by a court of competent jurisdiction.
  4. The privacy of records produced pursuant to this chapter shall be maintained; provided, that aggregate data not containing personal identifying information may be released.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1.

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>>>>>>> origin/main 31-51-9. Reports.

The school department authorizing the installation of a live digital video school bus violation detection monitoring system shall prepare an annual report containing data on:

  1. The number of citations issued;
  2. The number of those violations paid;
  3. The number of those violations found after trial or hearing;
  4. The number of violations dismissed after trial or hearing;
  5. The amount of revenue obtained from the live digital video school bus violation detection monitoring system.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 118, § 1; P.L. 2010, ch. 239, § 33.

Chapter 52 Funeral Procession Act

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>>>>>>> origin/main 31-52-1. Definitions.

  1. “Funeral director” and “funeral establishment” shall have the same meanings set forth in chapter 5-33.2-1 of the general laws.
  2. “Funeral escort” means a person or entity that provides escort services for funeral processions, including, but not limited to, law enforcement personnel and agencies.
  3. “Funeral escort vehicle” means any motor vehicle properly equipped pursuant to this chapter and which escorts a funeral procession.
  4. “Funeral lead vehicle” means any motor vehicle, including a funeral hearse, properly equipped pursuant to this chapter, leading and facilitating the movement of a funeral procession.
  5. “Funeral procession” means two (2) or more vehicles accompanying the body or the cremated remains of a deceased person, in the daylight hours, including a funeral lead vehicle or a funeral escort vehicle.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2; P.L. 2010, ch. 239, § 34.

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>>>>>>> origin/main 31-52-2. Equipment.

  1. All nonlaw enforcement funeral escort vehicles and funeral lead vehicles shall be equipped with at least one lighted rotating or oscillating lamp exhibiting an amber light or lens visible under normal atmospheric conditions for a distance of at least five hundred (500) feet from the front of the vehicle. A funeral escort vehicle or a funeral lead vehicle may illuminate a rotating or oscillating amber light only when the vehicle is in use in a funeral procession.
  2. Any law enforcement funeral escort vehicle may be equipped with a red, blue, or amber flashing light which meet the criteria established in subsection (a) of this section.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2.

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>>>>>>> origin/main 31-52-3. Driving in funeral procession.

  1. Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.
  2. A vehicle in a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practicable and safe. Any ordinance, law, or regulation requiring that motor vehicles be operated to allow sufficient space between them to enable another vehicle to enter and occupy that space without danger shall not be applicable to vehicles in a funeral procession.
  3. The operator of a motor vehicle in a funeral procession may not drive the vehicle at a speed greater than:
    1. Fifty-five (55) miles per hour on a highway where the posted speed limit is fifty-five (55) miles per hour or more; or
    2. Five (5) miles per hour below the posted speed limit on other streets or roads.
  4. A vehicle being operated in any funeral procession must have its headlights and tail lights illuminated.
  5. The turn signals must be flashing simultaneously as warning lights on a vehicle that is the first vehicle in a funeral procession and which the operator has reason to believe is the last vehicle in the funeral procession.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2; P.L. 2010, ch. 239, § 34.

Collateral References.

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession, which is claimed to have special status. 52 A.L.R.5th 155.

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>>>>>>> origin/main 31-52-4. Funeral procession right-of-way.

  1. Except as provided in subsection (d) of this section, pedestrians and operators of all vehicles shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.
  2. Whenever the funeral escort vehicle or funeral lead vehicle in a funeral procession lawfully enters an intersection, either by reason of a traffic control device or at the direction of law enforcement personnel, the remaining vehicles in the funeral procession may continue to follow the funeral lead vehicle through the intersection despite any traffic control devices or right-of-way provisions of state or local ordinances, provided the operator of each vehicle exercises reasonable care toward any other vehicle or pedestrian on the roadway.
  3. Except as provided in subsection (d) of this section, an operator of a funeral escort vehicle may direct the operators of other vehicles in a funeral procession to proceed through an intersection or to make turns or other movements despite any traffic control device. The operator of a funeral escort vehicle may direct and control the operators of vehicles not in a funeral procession, including those in or approaching an intersection, to stop, proceed, or make turns or other movements without regard to a traffic control device. Funeral escort vehicles may exceed the speed limit by fifteen (15) miles per hour when overtaking the funeral procession to direct traffic at the next intersection.
  4. Funeral processions shall have the right-of-way at intersections regardless of traffic control devices, subject to the following conditions and exceptions:
    1. Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal;
    2. Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by law enforcement personnel; and
    3. Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2; P.L. 2010, ch. 239, § 34.

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>>>>>>> origin/main 31-52-5. Vehicles not in funeral procession.

The operator of a vehicle that is not part of a funeral procession may not:

  1. Drive between the vehicles forming a funeral procession while they are in motion except when authorized to do so by law enforcement personnel or when driving an authorized emergency vehicle emitting an audible or visible signal.
  2. Join a funeral procession to secure the right-of-way as granted by this chapter.
  3. Pass a funeral procession on a multiple lane highway on the funeral procession’s right side unless the funeral procession is in the farthest left lane.
  4. Enter an intersection, even if the operator is facing a green traffic control signal, when a funeral procession is proceeding through a red traffic control signal at the intersection as permitted under this chapter, unless the operator can do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the operator of the vehicle facing a green signal may proceed subject to the right-of-way of a vehicle participating in a funeral procession.
  5. Any person who willfully violates this section shall be guilty of a civil violation.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2; P.L. 2010, ch. 239, § 34.

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>>>>>>> origin/main 31-52-6. Liability.

  1. Liability for any death, personal injury or property damage suffered by any person in a funeral procession shall not be imposed upon the funeral director, funeral establishment, funeral escort or their employees or agents if the funeral procession was operating in compliance with this chapter or would have been operating in such compliance but for the operator or operators of one or more vehicles in the funeral procession not exercising due care as required by this chapter.
  2. Liability for any death, personal injury or property damage that results from, is caused by, or arises out of any action or inaction of any operator of a vehicle in a funeral procession under the control of a funeral director funeral establishment, funeral escort or their employees or agents shall not be imposed upon such funeral director, funeral establishment, funeral escort or their employees or agents if the funeral procession was operating in compliance with this chapter or would have been operating in such compliance but for the operator or operators of one or more vehicles in the funeral procession not exercising due care as required by this chapter.
  3. This section shall not apply if the death, personal injury, or property damage allegedly arose from the negligent acts or omissions in the operation of a vehicle by the funeral director, funeral establishment, funeral escort, or their employees or agents. The operator of a vehicle in a funeral procession shall not be deemed to be an agent of the funeral director, funeral establishment, or funeral escort unless such operator is an employee of the funeral director, funeral establishment, or funeral escort and is acting in the course of their employment, or unless the operator was retained as an independent contractor of the funeral director, funeral establishment, or funeral escort and is performing services thereto.
  4. This section does not create a new cause of action or substantive legal rights against any funeral director, funeral establishment, funeral escort, or their employees or agents. This section does not affect any immunities from civil liability or defenses established by another section of the general laws or any immunities from civil liabilities or defenses available at common law to which a funeral director, funeral establishment, funeral escort, or their employees or agents may be entitled.
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>>>>>>> origin/main History of Section. P.L. 2008, ch. 396, § 2.

Chapter 53 The 2010 Automobile Airbag Fraud Prevention Act

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>>>>>>> origin/main 31-53-1. Short title.

This chapter shall be known and may be cited as “The Automobile Airbag Fraud Prevention Act of 2010.”

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.

Compiler’s Notes.

P.L. 2010, ch. 123, § 1, and P.L. ch. 319, § 1, enacted identical versions of this chapter.

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>>>>>>> origin/main 31-53-2. Purpose.

Airbag system fraud is a public safety concern for consumers and the automobile insurance system. Efforts to combat this problem, one that could place innocent consumers at-risk of serious bodily injuries, have been piecemeal. This chapter is intended to address the issue in a coordinated way. It is through this collective effort that consumers will be protected and the integrity of the restraint system assured.

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.

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>>>>>>> origin/main 31-53-3. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:

  1. “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
  2. “Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively.
  3. “Light manipulating system” means anything that would mask or cause the inaccurate indication of the airbag system status, condition, or operability.
  4. “Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:
    1. The airbag was previously deployed or damaged;
    2. The airbag has an electric fault that is detected by the vehicle’s airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;
    3. The airbag includes a part or object, including, but not limited to, a supplemental restraint system component installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or
    4. The airbag is subject to the prohibitions of 49 U.S.C. § 30120(j).
  5. “Person” means any natural person, corporation, partnership, unincorporated association, or other entity.
  6. “Salvaged airbag” means an original equipment manufacturer (“OEM”) non-deployed airbag that has been removed from a motor vehicle for use in another vehicle.
  7. “Supplemental restraint system,” commonly referred to as an “SRS,” means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems, as defined in 49 C.F.R. § 571.208. A supplemental restraint system includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following:
    1. The airbag operates as designed in the event of a crash; and
    2. The airbag is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1; P.L. 2018, ch. 57, § 1; P.L. 2018, ch. 60, § 1.

Compiler’s Notes.

P.L. 2018, ch. 57, § 1, and P.L. 2018, ch. 60, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-53-4. Installation or reinstallation of any false airbag — Deceptive trade practices — Criminal liability.

  1. It is a deceptive trade practice, in violation of chapter 13.1 of title 6, “Deceptive Trade Practices,” whenever:
    1. A person installs or reinstalls, as part of a vehicle inflatable occupant restraint system, any object in lieu of an airbag, including a nonfunctional airbag, counterfeit supplemental restraint system component, or any light manipulating system;
    2. A person imports, manufactures, sells, or offers for sale any device with the intent that the device will replace an airbag in any motor vehicle if the person knows, or reasonably should know, that the device supplemental restraint system component or otherwise does not meet federal safety requirements;
    3. A person sells, or offers for sale, any device that, when installed in any motor vehicle, gives the impression that a viable airbag is installed in that vehicle, including any light manipulating system; or
    4. Any person intentionally misrepresents the presence of an airbag when one does not exist.
  2. Failure to comply with the provisions of this chapter shall constitute an unfair method of competition and an unfair or deceptive act or practice under chapter 13.1 of title 6, entitled “Deceptive Trade Practices,” and the penalties and remedies provided in that chapter shall apply against any individual, corporation, or partnership violating any provision of this chapter.
  3. Any person who violates this section is also guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) per violation, or imprisonment for a period of not more than two (2) years per violation, or both.
  4. A person whose violation of subsection (a) of this section results in serious bodily injury or death shall be imprisoned for a period of not more than ten (10) years or fined not more than one hundred thousand dollars ($100,000), or both, per violation.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1; P.L. 2018, ch. 57, § 1; P.L. 2018, ch. 60, § 1.

Compiler’s Notes.

P.L. 2018, ch. 57, § 1, and P.L. 2018, ch. 60, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-53-5. Airbag antitheft.

  1. Purchase, sale, or installation of new or salvaged airbag  — records.
    1. Any person engaged in the business of purchasing, selling, or installing salvaged airbags shall maintain a manual and/or electronic record of the purchase, sale, or installation, which shall include the identification number of the airbag; the vehicle identification number of the motor vehicle from which the salvaged airbag was removed; the name, address, and driver’s license number or other means of identification of the person from whom the salvaged airbag was purchased; and, in the event that the salvaged airbag is installed, the vehicle identification number of the vehicle into which the airbag is installed. No new or salvaged airbag shall be sold or installed which is or has been subject to a specific manufacturer’s or appropriate authority’s notice of recall.
    2. In the case of a new replacement airbag, any person engaged in installing any airbag shall maintain the name and tax identification number of the supplier of the airbag and record the vehicle identification number of the vehicle into which the airbag is installed, as well as the identification number of the airbag being installed. Additionally, the airbag identification of the previously deployed airbag being replaced shall be recorded. Upon request of any law enforcement officer of this state or other authorized representative of the agency charged with administration of this section, the installer shall produce such records and permit said agent or police officer to examine them.
    3. Any person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the purchaser and vehicle owner that the airbag is salvaged.
    4. The person who installs a new or salvaged airbag shall submit an affidavit to the vehicle owner or their representative stating that the replacement airbag had been properly installed and received from the owner or their representatives written consent for its installation.
    5. All records must be maintained for not less than five (5) years following the transaction, and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this chapter.
    6. Upon request, information within a portion of such record pertaining to a specific transaction must be provided to the insurer and the vehicle owner.
    7. Persons engaged in the business of selling salvaged airbags shall comply with regulations developed by the administrator of the division of motor vehicles.
    8. State rules regarding the sale of salvaged airbags shall include, but not be limited to, the following standards:
      1. Identification of the supplier of the unit;
      2. Identification of the recipient vehicle, including VIN, year, make, and model;
      3. Identification of the airbag module cover color (and color code if available);
      4. Identification of the donor vehicle, including VIN, year, make, and model;
      5. Supplier’s internal stock number or locator number;
      6. Indication of source of interchange information (i.e. interchange manual/part number, OEM information, etc.);
      7. A supplier certificate indicating that all the requirements of the inspection protocol have been successfully achieved and identifying the person who completed the inspection; and
      8. A document containing the vehicle description including the year, make, and model for which the airbag system component is required when being sold to the end-user.
    9. Salvaged airbags conforming to such standards shall be accompanied by a certificate of conformance that shall be retained by the installer.
  2. Prohibition  — penalties.
    1. It is unlawful for any person to knowingly possess, sell, or install a stolen airbag; an airbag from which the manufacturer’s part number labeling and/or VIN has been removed, altered, or defaced; or an airbag taken from a stolen motor vehicle. Any person who violates this subdivision commits a felony.
    2. Any person who fails to maintain complete and accurate records, to prepare complete and accurate documents, to provide information from such record upon request, or to properly disclose that an airbag is salvaged, as required by this chapter, commits a misdemeanor.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.

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>>>>>>> origin/main 31-53-6. Accidents — Police authorities report.

Any automobile vehicle accident report that is filed by the appropriate law enforcement agency shall clearly contain a notation as to whether the automobile’s airbag or inflatable restraint system had been deployed in the accident.

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.

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>>>>>>> origin/main 31-53-7. Sale or trade of motor vehicle with an inoperable airbag.

  1. Any person selling or trading a motor vehicle who has actual knowledge that the motor vehicle has a nonfunctional airbag or counterfeit supplemental restraint system component installed or that an airbag is otherwise inoperable shall notify the buyer or the person acquiring the trade, in writing, of that defect.
  2. A person who violates subsection (a) of this section commits both a deceptive trade practice and a felony, and shall be subject to the penalties set forth in chapter 13.1 of title 6 for the deceptive trade practice, and also subject to the penalties set forth in § 31-53-4(c) and/or (d), as appropriate.
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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1; P.L. 2018, ch. 57, § 1; P.L. 2018, ch. 60, § 1.

Compiler’s Notes.

P.L. 2018, ch. 57, § 1, and P.L. 2018, ch. 60, § 1 enacted identical amendments to this section.

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>>>>>>> origin/main 31-53-8. Rules and regulations.

The administrator of the division of motor vehicles shall promulgate rules and regulations to implement the provisions of this chapter.

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.

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>>>>>>> origin/main 31-53-9. Severability.

If any section, paragraph, sentence, clause, phrase, or any part of this chapter is declared invalid, the remaining sections, paragraphs, sentences, clauses, phrases, or parts thereof shall in no manner be affected and shall remain in full force and effect.

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>>>>>>> origin/main History of Section. P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1.